Dean Pillarella Publishes Article in New York Law Journal Exposing Departmental Split on CPLR 5501(a)(1)’s Construction

New York, N.Y. (October 15, 2024) – New York Appellate Associate Dean Pillarella recently published an article for the New York Law Journal (NYLJ) (part of Law.com) titled, “CPLR 5501(a)(1) and the Reviewability of Final Orders on Appeal from a Final Judgment: Reconciling a Departmental Schism.” The article discusses a "significant departmental split" regarding the interpretation of New York’s procedural rules on appealing final orders.

Mr. Pillarella opens the article by describing, “CPLR 5501(a)(1) provides that an appeal from a final judgment brings up for review ‘any non-final judgment or order which necessarily affects the final judgment. . . .’” He explains that there is a “departmental rift” concerning the interpretation of the rule’s language, “which beckons for Court of Appeals review.” Specifically, Mr. Pillarella describes that “as drafted, the statute is susceptible to two constructions. On the one hand, it can be read to mean ‘any non-final judgment or any order which necessarily affects the final judgment’; on the other, ‘any non-final judgment or non-final order which necessarily affects the final judgment.’” According to Mr. Pillarella, the First, Third, and Fourth Departments historically have interpreted the rule differently from the Second Department.

Next, Mr. Pillarella reviews relevant case law that illustrates the varying interpretations of CPLR 5501(a)(1). He also elaborates on the reasons why he believes that the First Department’s interpretation is correct. The author closes the article by noting, “Regardless of where one stands on the merits, the need for Court of Appeals review should engender little debate,” as “CPLR 5501(a)(1) must be equally applied in each department to avoid the disparate treatment of parties and ensure a predictable end to lawsuits on which attorneys can advise clients. . . .”

Mr. Pillarella is a member of Lewis Brisbois’ Appellate Practice. He has significant experience with all stages of appellate practice New York’s state courts, including pre- and post-appeal motion practice and at the Court of Appeals stage. Mr. Pillarella regularly handles matters involving civil rights, general liability, New York’s Labor Law, premises liability, products liability, professional liability, sexual abuse/misconduct (Child Victims Act and Adult Survivors Act), and transportation matters, among others.

Read the full NYLJ here (subscription may be required).