CPLR §5601(a) provides that “[a]n appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate’s court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal.”
This month, we examine Reis v. Volvo,1 where the jurisdictional predicate for an appeal to the Court of Appeals as of right was two dissents in the Appellate Division on a question of law in favor of the appellant Volvo. Reis implicated the rule that “an appeal properly taken under CPLR 5601(a) brings up for review all issues that the Appellate Division decided adversely to the appellant, even those on which no Appellate Division justice dissented.” Thus, while the Court of Appeals disagreed with the Appellate Division dissent concerning the impropriety of one aspect of the jury instructions, it nevertheless reversed and ordered a new trial on the basis of its further disagreement with the majority concerning another aspect of the charge challenged by Volvo.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]