Elliott Scheinberg. Courtesy photo Appealability of Prejudgment Orders: CPLR 5512, Court of Appeals, Legislative Intent
This article discusses the appealability of prejudgment orders.
November 03, 2024 at 09:00 AM
10 minute read
An appellant must satisfy three jurisdictional predicates before the Appellate Division may entertain the merits of the appeal: aggrievement (CPLR 5511); appealable paper (CPLR 5512) and timeliness (CPLR 5513). This article examines the word "order" in CPLR 5512(a) and its limitations in the second department when occurring in the context of a prejudgment "decision and order" following a trial in an action commenced by summons and complaint. In a previous article, CPLR 5512(a): "hallmarks", "essential requirements", "substance", other indicia of an "drder," NYLJ, March 27, 2026, this column treated additional interesting treatments of CPLR 5512(a) including appeals from letter orders.
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