Generally, an appeal from a final judgment brings up for review any non-final judgment or order which necessarily affects the final judgment, pursuant to CPLR 5501[a][1]. However, since no appeal lies from an order denying reargument, the order denying defendants' motion for leave to reargue their prior motion to dismiss is not brought up for review. Where a judgment is based on the appellant's default, review is limited to matters which were the subject of contest below Thus, the order granting plaintiff's unopposed motion to strike defendants' answer and for leave to enter a default judgment on the issue of liability is not reviewable on the appeal from the judgment.
Brightside Home Improvements, Inc. v. Northeast Home Improvement Servs., NY Slip Op 04785 (2d Dep't August 3, 2022)
