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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: August 5, 2018

Right to Appeal Decision on Summary Judgment Motion Terminated by Entry of Final Judgment

On August 1, 2018, the Second Department issued a decision in Emigrant Bank v. Wang Real Property, LLC, 2018 NY Slip Op. 05574, holding that entry of a final judgment terminated the right to appeal an earlier order, explaining: “The appeal from the order entered May 18, 2016, should be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment of foreclosure and sale in the action.”

New York is very liberal in allowing the appeal of decisions made before a final judgment is entered. However, this decision illustrates the general rule that entry of judgment terminates the right to appeal such interlocutory orders. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client face a situation where you are unsure whether a decision can be appealed.

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