In Hain v. Jamison, 28 N.Y.3d 524 (Dec. 22, 2016), the Court of Appeals addressed two recurring jurisdictional issues in the context of summary judgment: the “finality” requirement and the availability of affirmative relief to an nonappealing party. The appellate division’s order granted the motion of defendant Drumm Farm (Farm) for summary judgment dismissing the complaint and cross claims against it. The remaining defendants (Jamisons) moved for and were granted permission to appeal to the Court of Appeals from the part of the order that dismissed their cross claims against Farm. The plaintiff, however, did not cross move for permission to appeal from the part of the order that dismissed his complaint against Farm. The Court of Appeals reversed and reinstated the Jamisons’ cross claims, but declined to reinstate the plaintiff’s complaint against Farm.

Although the Appellate Division’s order did not dispose of all claims among all parties in the action (the classic definition of “finality”), the court concluded that the order should be treated as final for purposes of determining its appealability because it finally adjudicated all claims against one of the defendants, Farm. The court further concluded that its review of the appellate division’s order was limited to the dismissal of the Jamisons’ cross claims, and it lacked power to grant affirmative relief to the plaintiff, who had not appealed from the order.

This content has been archived.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

Why am I seeing this?

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]