Deposition rulingsSeptember 25, 2020
Gargano v Langman, 2020 NY Slip Op 04923 (2d Dept. 2020)
“An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and is not appealable as of right, even where it was made upon a full record and on the plaintiff’s motion to compel responses”
EBT rulings – even if made in the context of a subsequent motion – may only be appealed as of right.