Newman v Eshghi

Holding The court dismissed the appeal regarding evidentiary rulings as not appealable and granted leave to appeal the statute of limitations ruling, deeming it an application for leave to appeal. The court affirmed the lower court’s denial of the motion in limine, holding that it was an inappropriate substitute for a motion for summary judgment without a showing of newly discovered evidence.

The court’s words

those determinations constitute evidentiary rulings which, even when made in advance of trial on motion papers . . . [are] neither appealable as of right nor by permission

2026 NY Slip Op 05188, at the official text

the defendants' fourth motion in limine was the functional equivalent of a motion for summary judgment dismissing the complaint as barred by the statute of limitations

2026 NY Slip Op 05188, at the official text

a motion in limine is an inappropriate substitute for a motion for summary judgment

2026 NY Slip Op 05188, at the official text

Generally, successive motions for summary judgment should not be entertained, absent a showing of newly discovered evidence or other sufficient cause

2026 NY Slip Op 05188, at the official text