Wednesday, June 9, 2010

Practice Tip: Finality and Motions for Leave to Appeal

Here's a good reminder from the Court of Appeals regarding motions for leave to appeal.  In Butler v. New York City Transit Authority, the Court dismissed a motion for leave to appeal for lack of finality holding, "The order denying the CPLR 4404 motion to set aside the verdict resolves the issues raised on the CPLR 4404 motion; it does not dispose of all of the issues in the action (see CPLR 5611). The final and appealable paper to this Court is the final judgment entered after the denial of the motion or an Appellate Division order resolving an appeal from that judgment (see Cuadrado v New York City Tr. Auth., 14 NY3d 748 [2010])."

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