2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5501 - Scope of Review.

§  5501.  Scope  of  review.  (a) Generally, from final judgment.   An
appeal from a final judgment brings up for review:
1. any non-final judgment or order which necessarily affects the final
judgment, including any which was  adverse  to  the  respondent  on  the
appeal from the final judgment and which, if reversed, would entitle the
respondent  to prevail in whole or in part on that appeal, provided that
such non-final judgment or order has not previously been reviewed by the
court to which the appeal is taken;
2. any order denying a new trial or hearing which has  not  previously
been reviewed by the court to which the appeal is taken;
3. any ruling to which the appellant objected or had no opportunity to
object  or  which  was  a  refusal or failure to act as requested by the
appellant, and any charge to the jury, or failure or refusal  to  charge
as requested by the appellant, to which he objected;
4. any remark made by the judge to which the appellant objected; and
5.  a  verdict  after  a  trial  by  jury  as of right, when the final
judgment was entered in a different amount pursuant to the  respondent's
stipulation  on  a  motion  to  set  aside  the  verdict as excessive or
inadequate; the appellate court may increase such judgment to a sum  not
exceeding the verdict or reduce it to a sum not less than the verdict.
(b)  Court  of appeals. The court of appeals shall review questions of
law only, except that it shall also review questions of fact  where  the
appellate  division,  on reversing or modifying a final or interlocutory
judgment, has expressly  or  impliedly  found  new  facts  and  a  final
judgment   pursuant  thereto  is  entered.  On  an  appeal  pursuant  to
subdivision (d) of section fifty-six hundred one, or  subparagraph  (ii)
of paragraph one of subdivision (a) of section fifty-six hundred two, or
subparagraph  (ii)  of  paragraph  two  of  subdivision  (b)  of section
fifty-six hundred two, only the non-final determination of the appellate
division shall be reviewed.
(c) Appellate division. The appellate division shall review  questions
of  law and questions of fact on an appeal from a judgment or order of a
court of original instance and on an appeal from an order of the supreme
court, a county court or an appellate term determining an appeal.    The
notice  of appeal from an order directing summary judgment, or directing
judgment on a motion addressed to the  pleadings,  shall  be  deemed  to
specify  a  judgment upon said order entered after service of the notice
of appeal and before entry of the order of the appellate court upon such
appeal, without however affecting the taxation of costs upon the appeal.
In reviewing a money judgment in an action in which an itemized  verdict
is required by rule forty-one hundred eleven of this chapter in which it
is  contended  that  the award is excessive or inadequate and that a new
trial should have been granted unless a  stipulation  is  entered  to  a
different award, the appellate division shall determine that an award is
excessive  or  inadequate  if  it deviates materially from what would be
reasonable compensation.
(d) Appellate term. The appellate term shall review questions  of  law
and questions of fact.