Concord Moving & Storage, Inc. v. Sabbeth

Appellate Division of the Supreme Court of New York

Concord Moving & Storage, Inc. v. Sabbeth

204 A.D.2d 590, 614 N.Y.S.2d 219, 1994 N.Y. App. Div. LEXIS 5532

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

DecidedMay 23, 1994

StatusPublished

Cited by1 cases

This text of 204 A.D.2d 590 (Concord Moving & Storage, Inc. v. Sabbeth) 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

Concord Moving & Storage, Inc. v. Sabbeth, 204 A.D.2d 590, 614 N.Y.S.2d 219, 1994 N.Y. App. Div. LEXIS 5532 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action for a permanent injunction and to recover damages, inter alia, for breach of a lease, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated July 7, 1992, which upon their default in appearing upon the submis[591]*591sion of their motion for a preliminary injunction, denied that motion, and dismissed the complaint sua sponte.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order made upon the default of an aggrieved party (CPLR 5511). The proper procedure would have been for the plaintiffs to move to open their default and to vacate the order dated July 7, 1992, and if necessary, appeal from a denial of the motion to vacate the default (see, High v Coletti, 143 AD2d 810). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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—In an action for a permanent injunction and to recover damages, inter alia, for breach of a lease, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated July 7, 1992, which upon their default in appearing upon the submis[591]*591sion of their motion for a preliminary injunction, denied that motion, and dismissed the complaint sua sponte.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order made upon the default of an aggrieved party (CPLR 5511). The proper procedure would have been for the plaintiffs to move to open their default and to vacate the order dated July 7, 1992, and if necessary, appeal from a denial of the motion to vacate the default (see, High v Coletti, 143 AD2d 810). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

204 A.D.2d 590, 614 N.Y.S.2d 219, 1994 N.Y. App. Div. LEXIS 5532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concord-moving-storage-inc-v-sabbeth-nyappdiv-1994.

Opinion

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