First Westchester National Bank v. Olsen

This case is concerned with the area of review appropriate to an appeal taken to the Court of Appeals pursuant to subdivision (d) of section 5601 of the CPLB from a final judgment entered upon a prior nonfinal order of the Appellate Division which ‘ ‘ necessarily affects ’ ’ the final judgment appealed from.

On such an appeal the “ scope of review ” extends only to the nonfinal determination of the Appellate Division (CPLB 5501, subd. [b]), The reason for this limitation, obviously, is that there has been no Appellate Division review of the final judgment and this court should not review it in…