May 2, 2012

Appeals from final and non-final judgments.


Practice point: Pursuant to CPLR 5501(a)(1), an appeal from a final judgment brings up for review any non-final judgment or order which necessarily affects the final judgment.

Student note: When an appeal from an intermediate order is perfected together with an appeal from a final judgment, the appeal from the intermediate order must be dismissed and any error alleged, to the extent that it affects the final judgment, may be reviewed upon the appeal from the final judgment.

Case: Retta v. 160 Water St. Assoc., L.P., NY Slip Op 03092 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Tort actions against the City.