Cuevas v. Escalet

Appellate Division of the Supreme Court of New York

Cuevas v. Escalet

270 A.D.2d 42, 704 N.Y.S.2d 466, 2000 N.Y. App. Div. LEXIS 2572

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

DecidedMarch 7, 2000

StatusPublished

This text of 270 A.D.2d 42 (Cuevas v. Escalet) 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

Cuevas v. Escalet, 270 A.D.2d 42, 704 N.Y.S.2d 466, 2000 N.Y. App. Div. LEXIS 2572 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from order, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 16, 1999, which granted plaintiff’s motion to compel defendants to, inter alia, immediately vacate the subject premises, unanimously dismissed, with costs payable to plaintiff-respondent by defendants-appellants.

The appeal must be dismissed since the order brought up was granted on default (CPLR 5511), and, indeed, defendants have never made an appearance in the action. Defendants’ remedy, if any, is to move to vacate their default. Concur— Nardelli, J. P., Williams, Ellerin, Wallach and Saxe, JJ.

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—Appeal from order, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 16, 1999, which granted plaintiff’s motion to compel defendants to, inter alia, immediately vacate the subject premises, unanimously dismissed, with costs payable to plaintiff-respondent by defendants-appellants.

The appeal must be dismissed since the order brought up was granted on default (CPLR 5511), and, indeed, defendants have never made an appearance in the action. Defendants’ remedy, if any, is to move to vacate their default. Concur— Nardelli, J. P., Williams, Ellerin, Wallach and Saxe, JJ.

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Bluebook (online)

270 A.D.2d 42, 704 N.Y.S.2d 466, 2000 N.Y. App. Div. LEXIS 2572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuevas-v-escalet-nyappdiv-2000.