Reviewability of Interlocutory Orders on Appeal From a Final Judgment: Navigating the Shoals
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
August 19, 2024 at 08:00 AM
8 minute read
Special SectionsInterlocutory appeals—that is, appeals from nonfinal orders—are a ubiquitous feature of practice in New York state courts. But what if a party chooses not to file an interlocutory appeal? Under CPLR 5501(a)(1), an appeal from a final judgment brings up for review "any nonfinal judgment or order which necessarily affects the final judgment." That means that, at least in some cases, a party who is unhappy with an interlocutory order has a choice: appeal right away, or wait for a final judgment, and (if the judgment is adverse) appeal that judgment and seek review of the interlocutory order in connection with that appeal.
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