On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable . . . Continue reading Sua Sponte Order Not Directly Appealable
On April 2, 2026, the First Department issued a decision in Matter of Perlbinder v. Perlbinder, 2026 NY Slip Op. 02048, holding that a prevailing party can appeal if it received less than all the relief it sought . . . Continue reading Prevailing Party Can Appeal if it Received Less Than All the Relief it Sought
On March 27, 2026, the Fourth Department issued a decision in Federal Natl. Mtge. Assn. v. Buczek, 2026 NY Slip Op. 01889, holding that matters that could have been raised in a prior appeal but were not cannot be raised in a later appeal . . . Continue reading Matters That Could Have Been Raised in a Prior Appeal, But Were Not, Cannot be Raised in Later Appeal
On January 21, 2026, the Second Department issued a decision in Sharma v. Mullins, 2026 NY Slip Op. 00276, holding that someone who is not an aggrieved party cannot appeal, even if the decision has language or reasoning adverse to them . . . Continue reading Someone Who is Not Aggrieved Party Cannot Appeal, Despite Language or Reasoning Adverse to Them
On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Yes I Can Licensed Behavior Analyst PLLC v. Green Tree Capital, LLC, 2025 NY Slip Op. 34815(U), holding that paying a judgment does not extinguish the right to appeal it . . . Continue reading Paying a Judgment Does Not Extinguish Right to Appeal It
On January 6, 2026, the First Department issued a decision in Silver Hgts. Dev. LLC v. 972 La Forza Del Destino, LLC, 2026 NY Slip Op. 00033, holding that “[n]o appeal lies from an order declining to sign an order to show cause, since it is an ex parte order that does not decide a motion made on notice.” Continue reading No Appeal of Refusal to Sign Order to Show Cause
On June 3, 2025, the First Department issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2025 NY Slip Op. 03274, holding that a party may not appeal a decision that neither denied it relief nor entered relief against it, even if the decision contained reasoning harmful to a party’s case . . . Continue reading Party May Not Appeal Decision That Did Not Deny it Relief or Enter Relief Against it, Even if the Decision Contained Reasoning Harmful to the Party’s Case
On March 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2025 NY Slip Op. 30886(U), holding that there is no deadline for applying for an appeal bond . . . Continue reading No Deadline for Applying for an Appeal Bond
On January 9, 2025, the First Department issued a decision in Matter of TGT, LLC v. Meli, 2025 NY Slip Op. 00180, holding that parties that “did not oppose” a Continue reading Party That Did Not Oppose Motion Lacks Standing to Appeal It
On November 25, 2024, the Court of Appeals issued a decision in Ruisech v. Structure Tone Inc., 2024 NY Slip Op. 05866, holding that service of a Notice of Entry through NYSCEF on the trial court’s docket starts the time to move in response to an Appellate Division order . . . Continue reading Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order
