N.Y. CPLR § 5501

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5501 Scope of review § 5501. Scope of review. (a) Generally, from final judgment. Anappeal from a final judgment brings up for review:1. any non-final judgment or order which necessarily affects the finaljudgment, including any which was adverse to the respondent on theappeal from the final judgment and which, if reversed, would entitle therespondent to prevail in whole or in part on that appeal, provided thatsuch non-final judgment or order has not previously been reviewed by thecourt to which the appeal is taken;2. any order denying a new trial or hearing which has not previouslybeen reviewed by the court to which the appeal is taken;3. any ruling to which the appellant objected or had no opportunity toobject or which was a refusal or failure to act as requested by theappellant, and any charge to the jury, or failure or refusal to chargeas requested by the appellant, to which he objected;4. any remark made by the judge to which the appellant objected; and5. a verdict after a trial by jury as of right, when the finaljudgment was entered in a different amount pursuant to the respondent'sstipulation on a motion to set aside the verdict as excessive orinadequate; the appellate court may increase such judgment to a sum notexceeding the verdict or reduce it to a sum not less than the verdict.(b) Court of appeals. The court of appeals shall review questions oflaw only, except that it shall also review questions of fact where theappellate division, on reversing or modifying a final or interlocutoryjudgment, has expressly or impliedly found new facts and a finaljudgment pursuant thereto is entered. On an appeal pursuant tosubdivision (d) of section fifty-six hundred one, or subparagraph (ii)of paragraph one of subdivision (a) of section fifty-six hundred two, suant thereto is entered. On an appeal pursuant tosubdivision (d) of section fifty-six hundred one, or subparagraph (ii)of paragraph one of subdivision (a) of section fifty-six hundred two, orsubparagraph (ii) of paragraph two of subdivision (b) of sectionfifty-six hundred two, only the non-final determination of the appellatedivision shall be reviewed.(c) Appellate division. The appellate division shall review questionsof law and questions of fact on an appeal from a judgment or order of acourt of original instance and on an appeal from an order of the supremecourt, a county court or an appellate term determining an appeal. Thenotice of appeal from an order directing summary judgment, or directingjudgment on a motion addressed to the pleadings, shall be deemed tospecify a judgment upon said order entered after service of the noticeof appeal and before entry of the order of the appellate court upon suchappeal, without however affecting the taxation of costs upon the appeal.In reviewing a money judgment in an action in which an itemized verdictis required by rule forty-one hundred eleven of this chapter in which itis contended that the award is excessive or inadequate and that a newtrial should have been granted unless a stipulation is entered to adifferent award, the appellate division shall determine that an award isexcessive or inadequate if it deviates materially from what would bereasonable compensation.(d) Appellate term. The appellate term shall review questions of lawand questions of fact.