This article originally appeared in the Albany Law Review, Volume 74, 2010/2011. There is a broad scope of issues that a prevailing party can raise on its adversary’s appeal from a final judgment in New York civil litigation, under Civil Practice Law and Rules 5501. This article discusses the necessary “aggrievement” for a winning party to be entitled to raise issues on an appeal generally, as well as the circumstances in which a prevailing party can assert alleged errors below that “necessarily affect” the final judgment—beyond the issues involved in the final judgment itself—as alternative grounds to prevail on appeal under CPLR 5501.

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