An appeal from a judgment after a trial brings up for review a summary judgment motion that was not previously appealed

An Appeal from a Judgment After a Trial Brings Up for Review a Summary Judgment Motion That Was Not Previously Appealed

Navigating New York’s appellate system requires a deep understanding of procedural rules that can make or break a case. For attorneys practicing personal injury and commercial litigation throughout Long Island and New York City, understanding when and how to appeal adverse rulings is crucial for protecting their clients’ interests. The case of Bandler v Liberty Chevrolet, Inc., 2010 NY Slip Op 50475(U)(App. Term 1st Dept. 2010), provides an excellent illustration of how New York’s appellate rules allow parties to challenge summary judgment decisions even after a trial has concluded.

Understanding New York’s Appellate Framework

Many people, I guess because of the volume of interlocutory appeals that our courts handle, seem to forget that an adverse summary judgment decision may be appealed from the final judgment after trial. The only caveat is that the motion may not have been appealed and dismissed or perfected and adjudicated. The Appellate Term, First Department stated the following:

Defendant Liberty Chevrolet, Inc. appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered February 3, 2009, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $23,348.84, which appeal brings up for review (see CPLR 5501) an order (same court, Francis M. Alessandro, J.), dated June 3, 2008, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint as against it.

Judgment (Fernando Tapia, J.), entered February 3, 2009, appeal from which brought up for review an order (same court, Francis M. Alessandro, J.), dated June 3, 2008, reversed, with $30 costs, defendant Liberty Chevrolet’s motion for summary judgment granted and complaint dismissed as against it. The Clerk is directed to enter judgment accordingly.

…

Therefore, defendant’s motion for summary judgment dismissing the complaint in the within action… should have been granted.

In light of this determination, we need not address defendant’s assignments of trial error.

The Strategic Importance of CPLR 5501(a)(1)

CPLR 5501(a)(1) is a powerful tool that allows appellate courts to review interlocutory orders that were not previously appealed when they are brought up by an appeal from a final judgment. This rule recognizes that litigants should not be forced to interrupt trial proceedings with interlocutory appeals every time an adverse ruling is made, while still preserving their right to challenge those rulings on appeal from the final judgment.

For practitioners in Manhattan, Brooklyn, Queens, the Bronx, Nassau County, and Suffolk County, understanding this rule is essential for developing effective litigation and appellate strategies. The rule provides both opportunities and potential pitfalls that can dramatically affect case outcomes.

Whether you’re facing an adverse summary judgment ruling or considering your appellate options after trial, the Law Office of Jason Tenenbaum provides experienced representation throughout the New York court system. Contact us at (516) 750-0595 to discuss how our appellate and litigation expertise can protect your interests and achieve your goals.

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Legal Update (February 2026): Since this 2010 post, New York’s appellate procedures under CPLR Article 55 may have been subject to amendments affecting timing requirements, motion practice, or appellate jurisdiction. Practitioners should verify current CPLR 5501 provisions and recent Appellate Division rules regarding the scope of review for summary judgment motions challenged after trial judgments.