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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.

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