On October 20, 2026, the First Department issued a decision in IKB Intl. S.A. in Liquidation v. Morgan Stanley, 2026 NY Slip Op. 06064, holding that motion in limine decisions limiting the issues to be tried are appealable, explaining:
Although the consent order is not appealable, plaintiffs have separately appealed certain decisions resolving defendants’ in limine motions. The decisions resolving motion sequences 13, 14, 17, and 18 are appealable. Those orders did not merely determine the admissibility of evidence but also limited the scope of issues to be tried. They appropriately sought, among other things, to narrow the evidence in accordance with this Court’s prior decision finding that Supreme Court properly dismissed the fraud-based claims to the extent they were based on plaintiffs’ reliance on purported misrepresentations regarding adherence to underwriting guidelines.
(Internal quotations and citations omitted).