Appellate Division of the Supreme Court of New York, 2011

Rodriguez v. Our Lady of Mercy Healthcare Systems, Inc.

Appellate Division of the Supreme Court of New York · Decided February 17, 2011

81 A.D.3d 511; 916 N.Y.S.2d 505

Cases that cite this one

1 later published case cites this decision.

Goldstein v. Khurshid (Appellate Division of the Supreme Court of New York 2020)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 16, 2009, which denied plaintiffs motion for a default judgment against defendant St. Agnes Hospital, unanimously dismissed, without costs, as taken from a nonappealable order.

The order appealed was entered ex parte as it relates to St. Agnes, the only party against which the default judgment was *512sought, and an ex parte order is not appealable (CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]; Lichtman v Mount Judah Cemetery, 269 AD2d 319 [2000], lv dismissed in part and denied in part 95 NY2d 860 [2000]). It is further noted that plaintiff has failed to serve St. Agnes with notice of this appeal. Concur—Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.