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, explaining:
Concerning the April 8, 2024 order denying plaintiff’s summary judgment motion, an appeal may be taken only by a party aggrieved by an order or judgment. However, Victor was not aggrieved by that order since it did not move for any relief that was denied, and it successfully opposed plaintiff’s motion. That the order appealed from may contain language or reasoning that Victor deems adverse to its interest does not accord it standing to take an appeal.
(Internal quotations and citations omitted).