Prevailing Party Can Appeal if it Received Less Than All the Relief it Sought

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, explaining:

Flouret is an aggrieved party with standing to appeal. A successful party may appeal from a judgment or order in her favor if it does not grant her complete relief. Although neither the petition nor the motions for the dissolution of the corporations and appointment of a receiver asked that ownership of the properties at issue be changed from business entities to tenants-in-common ownership, Flouret clearly requested this in the proposed order that she submitted to the court. Flouret may appeal because she did not obtain this relief.

(Internal quotations and citations omitted).

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