An appeal may be taken only from a judgment, or an order determining the making of the contract or submission or the failure to comply therewith. There shall be no appeal from an intermediate order of the court or of a judge in an action under the simplified procedure provisions, except with the permission of the trial or appellate court, but such order or orders may be reviewed on the appeal from a judgment entered under these provisions. A decision of the trial judge on the facts shall be final if there is any substantial evidence to support it.
§ 3037.Appeal
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3037 limits appeals in a simplified-procedure case to the final judgment or an order deciding whether the submission contract was made, blocks appeals from other intermediate orders without permission, and treats the trial judge's factual findings as final if the record has any substantial evidence to support them.
Full Text of CPLR 3037
Plain-English Summary
Section 3037 narrows the path to appellate review in a simplified-procedure case. It permits an appeal only from a judgment, or from an order that decides whether the parties made the contract or submission or whether a party failed to comply with it. Every other intermediate order made along the way is off-limits for a direct appeal unless the trial or appellate court grants permission -- though those orders can still be reviewed once a party appeals the final judgment.
The rule also sets a deferential standard for the trial judge's factual findings: a decision on the facts stands if the record contains any substantial evidence to support it. Combined with the limited right to appeal intermediate rulings, that standard reflects the same goal running through the whole simplified-procedure scheme -- get to a final, largely unreviewable resolution faster than an ordinary lawsuit would allow.
Frequently Asked Questions
Can I appeal a ruling made during a simplified-procedure case before it's over?
Generally no. Section 3037 bars appeals from intermediate orders except with permission from the trial or appellate court, though those orders can be reviewed on an appeal from the final judgment.
What can be appealed under CPLR 3037?
A judgment, or an order determining whether the contract or submission was made or whether a party failed to comply with it.
How much deference does the trial judge get on factual findings under CPLR 3037?
The trial judge's factual findings get heavy deference: the decision stands if there is any substantial evidence in the record to support it.
Can an appellate court review an intermediate order in a simplified-procedure case?
Yes, but usually only as part of an appeal from the final judgment, or if the trial or appellate court grants permission to appeal it separately.
Why does CPLR 3037 limit appeals so much?
The simplified procedure is built for a fast, largely final resolution, and narrowing appeals to the judgment and to threshold contract disputes keeps a case from being tied up by piecemeal review.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 3037 New Yorkappeal simplified proceduresubstantial evidence standard New York appealCPLR 3037 intermediate order appealsimplified procedure appeal rules