Unlike the federal system, the CPLR generally allows appeals to the Appellate Division from interlocutory orders, meaning that a losing party on an important point need not wait for appellate review until the final judgment.1 Such appeals are intended to be optional during the pendency of the action.
Unfortunately, it is not always safe to defer interlocutory appeals, because the scope of review provided by CPLR 5501 on an appeal from the final judgment has some less-than-clear limitations. It states that an appeal from a final judgment brings up for review “…any non-final judgment or order which necessarily affects the final judgment….” As discussed below, the words “non-final judgment or order” and “necessarily affects” are not as clear as would be desirable for determining such a critical issue as reviewability on appeal.
Non-Finality Requirement
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