9.22 - A. Interaction Between Interlocutory Appeals And The Necessarily Affects Doctrine

• Jurisdiction: New York

a. Interaction Between Interlocutory Appeals and the Necessarily Affects Doctrine

The “necessarily affects” requirement contained in CPLR 5501 adds another consideration to your decision about whether to make a pretrial motion or wait to appeal once a final judgment has been entered. This requirement states that

[a]n appeal from a final judgment brings up for review . . . any non-final judgment or order which necessarily affects the final judgment, including any which was adverse to the respondent on the appeal from the final judgment and which, if reversed, would entitle the respondent to prevail in whole or in part on that appeal. ²¹¹⁷

For example, the N.Y. Court of Appeals has held that an...