The majority opinion in this court does not set out the underlying facts. It identifies only that the appeal arose from an order and resulting judgment entered in Supreme Court, New York County. The appellate court affirmed on the opinion below rather than restating the facts. No additional factual detail appears in the text provided.
Issue
Whether the order and judgment of the Supreme Court, New York County, should be reversed or affirmed on appeal.
Rule
Where the appellate court affirms on the opinion below, the lower court's opinion supplies the substantive basis for affirmance, and the appellate disposition is that the challenged order and judgment are affirmed.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a shareholder dispute in Manhattan, the Appellate Division issues a one-sentence order stating that the trial court's order is "affirmed on the opinion of Rivera, J., at Special Term." The appellate panel provides no separate discussion of the merits.
If later litigants want to identify the substantive reasoning adopted by the appellate court, which source should they consult first?
Explanation. When an appellate court affirms on the opinion below, the lower court opinion supplies the substantive reasoning adopted by the appellate court. The appellate disposition establishes that the order and resulting judgment are affirmed, but the reasoning comes from the opinion expressly incorporated. (Derived from Kamin v. American Express Company (1976).)