§ 5501 — Scope of review

New York § 5501

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 55: Appeals Generally

Text

§ 5501. Scope of review. (a) Generally, from final judgment. An\nappeal from a final judgment brings up for review:\n 1. any non-final judgment or order which necessarily affects the final\njudgment, including any which was adverse to the respondent on the\nappeal from the final judgment and which, if reversed, would entitle the\nrespondent to prevail in whole or in part on that appeal, provided that\nsuch non-final judgment or order has not previously been reviewed by the\ncourt to which the appeal is taken;\n 2. any order denying a new trial or hearing which has not previously\nbeen reviewed by the court to which the appeal is taken;\n 3. any ruling to which the appellant objected or had no opportunity to\nobject or which was a refusal or failure to act as requested by the\nappellant, and any charge to the jury, or failure or refusal to charge\nas requested by the appellant, to which he objected;\n 4. any remark made by the judge to which the appellant objected; and\n 5. a verdict after a trial by jury as of right, when the final\njudgment was entered in a different amount pursuant to the respondent's\nstipulation on a motion to set aside the verdict as excessive or\ninadequate; the appellate court may increase such judgment to a sum not\nexceeding the verdict or reduce it to a sum not less than the verdict.\n (b) Court of appeals. The court of appeals shall review questions of\nlaw only, except that it shall also review questions of fact where the\nappellate division, on reversing or modifying a final or interlocutory\njudgment, has expressly or impliedly found new facts and a final\njudgment pursuant thereto is entered. On an appeal pursuant to\nsubdivision (d) of section fifty-six hundred one, or subparagraph (ii)\nof paragraph one of subdivision (a) of section fifty-six hundred two, or\nsubparagraph (ii) of paragraph two of subdivision (b) of section\nfifty-six hundred two, only the non-final determination of the appellate\ndivision shall be reviewed.\n (c) Appellate division. The appellate division shall review questions\nof law and questions of fact on an appeal from a judgment or order of a\ncourt of original instance and on an appeal from an order of the supreme\ncourt, a county court or an appellate term determining an appeal. The\nnotice of appeal from an order directing summary judgment, or directing\njudgment on a motion addressed to the pleadings, shall be deemed to\nspecify a judgment upon said order entered after service of the notice\nof appeal and before entry of the order of the appellate court upon such\nappeal, without however affecting the taxation of costs upon the appeal.\nIn reviewing a money judgment in an action in which an itemized verdict\nis required by rule forty-one hundred eleven of this chapter in which it\nis contended that the award is excessive or inadequate and that a new\ntrial should have been granted unless a stipulation is entered to a\ndifferent award, the appellate division shall determine that an award is\nexcessive or inadequate if it deviates materially from what would be\nreasonable compensation.\n (d) Appellate term. The appellate term shall review questions of law\nand questions of fact.\n