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Echostar Satellite L.L.C. v. ESPN, Inc.

Citations: 21 N.Y.3d 1032; 995 N.E.2d 179; 972 N.Y.S.2d 216; 2013 NY Slip Op 83371; 2013 WL 4516377; 2013 N.Y. LEXIS 1898

Court: New York Court of Appeals; August 27, 2013; New York; State Supreme Court

Narrative Opinion Summary

The motion for leave to appeal was dismissed because the order in question does not constitute a final determination of the action as required by the Constitution. The order that affirmed the denial of both the motion for judgment notwithstanding the verdict and the motion to set aside the verdict addresses the specific issues related to those motions but does not resolve all outstanding issues in the case. According to CPLR 5611, the only appealable document to the Court of Appeals is the final judgment resulting from the denial of these motions, or an order from the Appellate Division that addresses an appeal from that judgment. Relevant case law includes Anderson v. Young & Rubicam and Butler v. New York City Transit Authority, both cited as examples of this principle.

Legal Issues Addressed

Appealability under CPLR 5611

Application: The appeal to the Court of Appeals is only permissible for a final judgment or an order from the Appellate Division that addresses an appeal from that judgment.

Reasoning: According to CPLR 5611, the only appealable document to the Court of Appeals is the final judgment resulting from the denial of these motions, or an order from the Appellate Division that addresses an appeal from that judgment.

Final Determination Requirement for Appeal

Application: The motion for leave to appeal was dismissed because the order did not resolve all outstanding issues, failing the final determination requirement for appeal.

Reasoning: The motion for leave to appeal was dismissed because the order in question does not constitute a final determination of the action as required by the Constitution.

Non-final Orders and Appeal Jurisdiction

Application: The order denying motions for judgment notwithstanding the verdict and to set aside the verdict is not appealable as it does not constitute a final judgment.

Reasoning: The order that affirmed the denial of both the motion for judgment notwithstanding the verdict and the motion to set aside the verdict addresses the specific issues related to those motions but does not resolve all outstanding issues in the case.