Fashiuddin v. Khan

Appellate Division of the Supreme Court of New York

Fashiuddin v. Khan

129 A.D.3d 641, 10 N.Y.S.3d 871

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

DecidedJune 30, 2015

StatusPublished

This text of 129 A.D.3d 641 (Fashiuddin v. Khan) 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

Fashiuddin v. Khan, 129 A.D.3d 641, 10 N.Y.S.3d 871 (N.Y. Ct. App. 2015).

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Opinion

Appeal from judgment, Supreme Court, New York County (Doris Ling-Cohan, J.), entered May 22, 2014, awarding plaintiff $141,156.03, unanimously dismissed, without costs.

The record establishes that the judgment appealed from was entered on defendant’s default in responding to plaintiff’s motion to vacate and is therefore nonappealable (see CPLR 5511; Marson Constr. Corp. v Illinois Union Ins. Co., 276 AD2d 294 [1st Dept 2000]). Defendant’s only remedy was to make an application to vacate the order entered March 26, 2009, which granted plaintiff judgment on his default (see CPLR 5015; Hodson v Vinnie’s Farm Mkt., 103 AD3d 549, 549 [1st Dept 2013]).

Concur — Tom, J.P., Acosta, Andrias, Moskowitz and Clark, JJ.

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Appeal from judgment, Supreme Court, New York County (Doris Ling-Cohan, J.), entered May 22, 2014, awarding plaintiff $141,156.03, unanimously dismissed, without costs.

The record establishes that the judgment appealed from was entered on defendant’s default in responding to plaintiff’s motion to vacate and is therefore nonappealable (see CPLR 5511; Marson Constr. Corp. v Illinois Union Ins. Co., 276 AD2d 294 [1st Dept 2000]). Defendant’s only remedy was to make an application to vacate the order entered March 26, 2009, which granted plaintiff judgment on his default (see CPLR 5015; Hodson v Vinnie’s Farm Mkt., 103 AD3d 549, 549 [1st Dept 2013]).

Concur — Tom, J.P., Acosta, Andrias, Moskowitz and Clark, JJ.

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Bluebook (online)

129 A.D.3d 641, 10 N.Y.S.3d 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fashiuddin-v-khan-nyappdiv-2015.