Non-Party May Appeal if it is Aggrieved By the Order Appealed From

On May 30, 2019, the First Department issued a decision in Mutual Benefits Offshore Fund, Ltd. v. Zeltser, 2019 NY Slip Op. 04290, holding that a non-party may appeal an order if it is aggrieved by it, explaining:

Although Kayley Investments, Ltd. was not a party to the action, it may appeal (see Auerbach v Bennett, 64 AD2d 98, 104 [2d Dept 1978] [although CPLR 5511 refers to aggrieved parties, "the statute has not been so narrowly construed" as to be limited to parties], affd in relevant part, mod on other grounds 47 NY2d 619, 627 [1979]; see also Three Amigos SJL Rest., Inc. v 250 W. 43 Owner LLC, 144 AD3d 490 [1st Dept 2016]).

New York is very liberal in allowing appeals, as this decision shows. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client face a situation where you are unsure whether a decision can be appealed.