Fish Frye

Nothing to do with fish. I just like the way the title sounds.  Sorry.

Fontana v LaRosa, 2010 NY Slip Op 05357 (App. Div., 2nd, 2010)

The order appealed from, which denied the appellant's motion to preclude certain testimony of the plaintiffs' expert witness or to direct that witness to submit to a hearing pursuant to Frye v United States (293 F 1013), was, in effect, an evidentiary ruling. Such a ruling, "even when made in advance of trial on motion papers, constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission" (Savarese v City of N.Y. Hous. Auth., 172 AD2d 506, 509; see Hering v Lighthouse 2001, LLC, 21 AD3d 449, 451-452).

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