2006 New York Code - Scope Of Review.

 
    §  5501.  Scope  of  review.  (a) Generally, from final judgment.   An
  appeal from a final judgment brings up for review:
    1. any non-final judgment or order which necessarily affects the final
  judgment, including any which was  adverse  to  the  respondent  on  the
  appeal from the final judgment and which, if reversed, would entitle the
  respondent  to prevail in whole or in part on that appeal, provided that
  such non-final judgment or order has not previously been reviewed by the
  court to which the appeal is taken;
    2. any order denying a new trial or hearing which has  not  previously
  been reviewed by the court to which the appeal is taken;
    3. any ruling to which the appellant objected or had no opportunity to
  object  or  which  was  a  refusal or failure to act as requested by the
  appellant, and any charge to the jury, or failure or refusal  to  charge
  as requested by the appellant, to which he objected;
    4. any remark made by the judge to which the appellant objected; and
    5.  a  verdict  after  a  trial  by  jury  as of right, when the final
  judgment was entered in a different amount pursuant to the  respondent's
  stipulation  on  a  motion  to  set  aside  the  verdict as excessive or
  inadequate; the appellate court may increase such judgment to a sum  not
  exceeding the verdict or reduce it to a sum not less than the verdict.
    (b)  Court  of appeals. The court of appeals shall review questions of
  law only, except that it shall also review questions of fact  where  the
  appellate  division,  on reversing or modifying a final or interlocutory
  judgment, has expressly  or  impliedly  found  new  facts  and  a  final
  judgment   pursuant  thereto  is  entered.  On  an  appeal  pursuant  to
  subdivision (d) of section fifty-six hundred one, or  subparagraph  (ii)
  of paragraph one of subdivision (a) of section fifty-six hundred two, or
  subparagraph  (ii)  of  paragraph  two  of  subdivision  (b)  of section
  fifty-six hundred two, only the non-final determination of the appellate
  division shall be reviewed.
    (c) Appellate division. The appellate division shall review  questions
  of  law and questions of fact on an appeal from a judgment or order of a
  court of original instance and on an appeal from an order of the supreme
  court, a county court or an appellate term determining an appeal.    The
  notice  of appeal from an order directing summary judgment, or directing
  judgment on a motion addressed to the  pleadings,  shall  be  deemed  to
  specify  a  judgment upon said order entered after service of the notice
  of appeal and before entry of the order of the appellate court upon such
  appeal, without however affecting the taxation of costs upon the appeal.
  In reviewing a money judgment in an action in which an itemized  verdict
  is required by rule forty-one hundred eleven of this chapter in which it
  is  contended  that  the award is excessive or inadequate and that a new
  trial should have been granted unless a  stipulation  is  entered  to  a
  different award, the appellate division shall determine that an award is
  excessive  or  inadequate  if  it deviates materially from what would be
  reasonable compensation.
    (d) Appellate term. The appellate term shall review questions  of  law
  and questions of fact.