April 5, 2024

Appellate practice.

As the amended judgment conformed in substance to an earlier judgment entered on consent, defendant-respondent is not an aggrieved party within the meaning of CPLR 5511, and, therefore, lacks standing to appeal. Defendant-respondent did not oppose the petition to confirm the arbitration award, and did not object to entry of the judgment or amended judgment. Any contention that the amended judgment varied from what the parties agreed upon should have been addressed through a motion to vacate the judgment.

Matter of Barclays Capital Inc. v. Carreras, NY Slip Op 01336 (1st Dep't March 14, 2024)

Here is the decision.