On October 6, 2026, the First Department issued a decision in Brice v. Two Sigma Inv. Solutions, LP, 2026 NY Slip Op. 05717, holding that a party may not appeal the decision on a motion it did not oppose, explaining:
Appeal from order, Supreme Court, New York County (James E. d’Auguste, J.), entered on or about May 8, 2025, which granted defendant’s motion to stay the action and to compel arbitration, unanimously dismissed, without costs, as taken from a nonappealable order.
Plaintiff did not oppose defendant’s motion to stay the action and to compel arbitration. He is not aggrieved by Supreme Court’s granting of the motion and therefore may not appeal from it.
(Internal citations omitted).