Appellate Division of the Supreme Court of New York, 2011

Baez-Ferreira v. Marte

Baez-Ferreira v. Marte
Appellate Division of the Supreme Court of New York · Decided July 7, 2011
86 A.D.3d 434; 926 N.Y.2d 291
Baez-Ferreira v. Marte

Opinion of the Court

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d 330 [2008]; *435CPLR 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.E, Catterson, DeGrasse, Abdus-Salaam and Román, JJ.

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