A Prevailing Party Can Still Be A “Sore” Winner On Appeal Under Cplr 5501(A)(1); Raising Alternative Arguments That Necessarily Affect The Final Judgment To Ensure Winning On Appeal

Posted on August 24, 2011

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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