CPLR 5501(a)(1) states that an appeal from a final judgment also brings up for appellate review any disposition made during the course of the litigation provided that it “necessarily affects the final judgment.” The Court of Appeals emphasized that “[t]he correctness of a final judgment may turn on the correctness of an intermediate non-final order.”1
The term “necessarily affects” recently withstood withering litigation and could have been resolved with greater ease. In Siegmund Strauss Inc. v. East 149th Realty, the Court of Appeals rejected the too “narrow” test applied by the Appellate Division, First Department. While the court cited its own concise and sensible jurisprudence with universal applicability, anchored in CPLR 3019, it, nevertheless, unnecessarily adopted an alternate test, all the while conceding that “a rule of general applicability regarding the ‘necessarily affects’ requirement” “would be difficult to distill.”
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