Appellate attorney Elliott Scheinberg writes: CPLR 5501(a)(1) states that an appeal from a final judgment also brings up for appellate review any disposition made during the course of the litigation provided that it "necessarily affects the final judgment." The term "necessarily affects" recently withstood withering litigation and could have been resolved with greater ease.
'Siegmund Strauss': CPLR 5501(a)(1), 'Necessarily Affects' and CPLR 3019
New York Law Journal
January 15, 2013
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