Elliott Scheinberg ()
The recent case Powell v. City of New York, 146 A.D.3d 701 (1st Dept. 2017), is a brow furrowing lesson to the unwary would-be appellant that within the fundamental appellate principles of preservation of issues and aggrievement, perceived as absolute and immutable, lurks a potential trap. At Powell‘s epicenter lies the perfect intersection of storms of CPLR 5701(a)(1) (appealability as of right), CPLR 4404(a), and CPLR 4406 (not cited in the decision), the latter two combining to bar an albeit properly preserved issue at trial from appellate review where a party has brought a post trial motion for a new trial or a directed verdict based on different grounds but did not raise the other unrelated preserved issue in the motion.
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at email@example.com