New York Court of Appeals, 1973

In re the Accounting of Duchnowski

New York Court of Appeals · Decided February 7, 1973

31 N.Y.2d 991; 293 N.E.2d 824; 341 N.Y.S.2d 449; 1973 N.Y. LEXIS 1513

Cases that cite this one

2 later published cases cite this decision.

McGowan v. Mayor, City of NY (N.Y. 1981)
Board of Managers v. Town of Amherst (N.Y. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Motion denied upon the ground that once an appeal lies as of right under subdivision (a) of CPLR 5601, all questions properly raised below may be reviewed on the ensuing appeal. Subdivision (a) of CPLR 5601 concerns the right to appeal and not the *992 scope of review, once an appeal is properly before the court. An appeal, therefore, taken on a dissent in the Appellate Division stating a question of law in appellant’s favor is not limited in scope to the question of law stated (cf. Kaelin v. Warner, 27 N Y 2d 352; Cohen and Karger, Powers of the New York Court of Appeals, pp. 7, 257).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.