Circelli v. Goodman

Appellate Division of the Supreme Court of New York

Circelli v. Goodman

262 A.D.2d 519, 693 N.Y.S.2d 58, 1999 N.Y. App. Div. LEXIS 7055

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 519 (Circelli v. Goodman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Circelli v. Goodman, 262 A.D.2d 519, 693 N.Y.S.2d 58, 1999 N.Y. App. Div. LEXIS 7055 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 10, 1998, which granted the defendants’ motion to dismiss the complaint upon the plaintiffs’ default in appearing at trial.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; High v Coletti, 143 AD2d 810). The proper procedure was for the plaintiffs to move to open their default and to vacate the order dated July 10, 1998, and, if necessary, to appeal from the denial of the motion to vacate (see, High v Coletti, supra). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 10, 1998, which granted the defendants’ motion to dismiss the complaint upon the plaintiffs’ default in appearing at trial.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; High v Coletti, 143 AD2d 810). The proper procedure was for the plaintiffs to move to open their default and to vacate the order dated July 10, 1998, and, if necessary, to appeal from the denial of the motion to vacate (see, High v Coletti, supra). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

262 A.D.2d 519, 693 N.Y.S.2d 58, 1999 N.Y. App. Div. LEXIS 7055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circelli-v-goodman-nyappdiv-1999.

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