Court Holds Interlocutory Orders Appealable After Judgment
'Knapp v. Finger Lakes NY' presents a cogent analysis of the not uncommon confluence of statutes and case law on the appealability of an interlocutory order that is issued after entry of the judgment. A background review of the applicable law is helpful.
September 10, 2020 at 10:00 AM
9 minute read
Knapp v. Finger Lakes NY, Inc., 2020 NY Slip Op 03353 [4th Dept. 2020] presents a cogent analysis of the not uncommon confluence of statutes and case law on the appealability of an interlocutory order that is issued after entry of the judgment. A background review of the applicable law is helpful.
CPLR 4404 addresses post-trial motions irrespective of whether the cause of action was triable of right by a jury or not triable of right by a jury. CPLR 4406 warns that motions for CPLR 4404 relief must state all grounds in a single set of papers, in one motion. See, E. Scheinberg, CPLR 4404(a), Interest of Justice, Powell v. City of NY; Cole v. Cole, Multiple Preservations, NYLJ July 31, 2020.
CPLR 5701(a) allows "an appeal [to] be taken to the appellate division as of right in an action…: 1. from any final or interlocutory judgment except one entered subsequent to an order of the appellate division which disposes of all the issues in the action."
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