Baez-Ferreira v. Marte

Jul 7, 2011
Versions:86 A.D.3d 434
926 N.Y.2d 291

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d 330 [2008]; CPLR 5511). Defendant’s remedy was an application to the motion court to vacate the order (see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we would affirm.

Concur—Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and Román, JJ.