TaiLexi AI U.S. Case Law

Pellegrino v. New York City Transit Authority

John Pellegrino v. New York City Transit Authority, and Third-Party Plaintiff-Respondent. Railroad Maintenance Corporation, Inc., Third-Party

Pellegrino v. N.Y. City Transit Auth., 141 A.D.2d 709 (1988)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 20, 1988
Citations
141 A.D.2d 709529 N.Y.S.2d 10041988 N.Y. App. Div. LEXIS 7025

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

In an action to recover damages for personal injuries, etc., in which the defendant and third-party plaintiff New York City Transit Authority brought a third-party action for indemnification the third-party defendants appeal from an order of the Supreme Court, Kings County (Rader, J.), dated October 15, 1987, which, inter alia, limited the evidence of a settlement between the plaintiffs John and Carol Pellegrino and the New York City Transit Authority which could be introduced upon the trial of the indemnity claim.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from is an evidentiary ruling. This court has previously held that 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” (Cotgreave v Public Adm’r of Imperial County, *710 91 AD2d 600, 601 ; see also, Mauro v Village of Freeport, 113 AD2d 876 ). Brown, J. P., Lawrence, Weinstein and Balletta, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1989: 21991: 11994: 11996: 11998: 12001: 52002: 22003: 119892026peak 2001 · 5

Relies on it most ⓘ

  1. Scalp & Blade, Inc. v. Advest, Inc.309 A.D.2d 219 (2003)
  2. Savarese v. City of New York Housing Authority172 A.D.2d 506 (1991)
  3. Rose v. Velletri202 A.D.2d 566 (1994)
  4. Chateau Rive Corp. v. Enclave Development Associates283 A.D.2d 537 (2001)
  5. Ferrara v. Kearney285 A.D.2d 890 (2001)
  6. Menis v. Raksin154 A.D.2d 357 (1989)

Most recent

  1. Scalp & Blade, Inc. v. Advest, Inc.309 A.D.2d 219 (2003)
  2. Sepulveda v. Good Samaritan Hospital298 A.D.2d 381 (2002)
  3. Lewin v. County of SufFolk293 A.D.2d 453 (2002)
  4. Farmer v. Nostrand Avenue Meat & Poultry289 A.D.2d 439 (2001)
  5. Ferrara v. Kearney285 A.D.2d 890 (2001)
  6. Vesperman v. Wormser283 A.D.2d 637 (2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cotgreave v. Pub. Adm'r of Imperial Cnty. (Cal.), 91 A.D.2d 600 (1982) 43
Mauro v. Vill. of Freeport, 113 A.D.2d 876 (1985) 9

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list