Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: June 30, 2016

Order Issued Without Motion Made on Formal Notice Held Appealable as of Right

On June 23, 2016, the First Department issued a decision in Bank of N.Y. Mellon v WMC Mortgage, LLC, 2016 NY Slip Op. 05038, holding that an order that was not issued as a result of a motion made on formal notice was nonetheless appealable as of right, explaining:

Although the order did not resolve a motion made on formal notice, it is appealable as of right because it affects a substantial right, and the parties were able to fully set forth before the motion court their positions and the bases for them.

(Internal quotations and citations omitted) (emphasis added).

Posted in Commercial, Appeals
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