Ghatan v. Fraioli & Quigley Moving, Inc.

Appellate Division of the Supreme Court of New York

Ghatan v. Fraioli & Quigley Moving, Inc.

119 A.D.2d 800, 501 N.Y.S.2d 428, 1986 N.Y. App. Div. LEXIS 55743

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

DecidedApril 28, 1986

StatusPublished

Cited by1 cases

This text of 119 A.D.2d 800 (Ghatan v. Fraioli & Quigley Moving, Inc.) 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.

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Ghatan v. Fraioli & Quigley Moving, Inc., 119 A.D.2d 800, 501 N.Y.S.2d 428, 1986 N.Y. App. Div. LEXIS 55743 (N.Y. Ct. App. 1986).

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Opinion

— In an action to recover damages sustained as a result of the defendant’s storage and transfer of property the plaintiff placed in the defendant’s care, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 17, 1984, which, upon the defendant’s motion, which was unopposed after the court refused to adjourn its return date for a second time, dismissed the complaint on the ground of lack of personal jurisdiction.

Appeal dismissed, with costs, and without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from an order entered upon default. The proper remedy is an application to vacate the default, made to the court which issued the order (see, Calvagno v Nationwide Mut. Fire Ins. Co., 110 AD2d 741; Montalvo v Key Indus., 98 AD2d 767). Lazer, J. P., Bracken, Brown, Lawrence and Hooper, JJ., concur.

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— In an action to recover damages sustained as a result of the defendant’s storage and transfer of property the plaintiff placed in the defendant’s care, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 17, 1984, which, upon the defendant’s motion, which was unopposed after the court refused to adjourn its return date for a second time, dismissed the complaint on the ground of lack of personal jurisdiction.

Appeal dismissed, with costs, and without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from an order entered upon default. The proper remedy is an application to vacate the default, made to the court which issued the order (see, Calvagno v Nationwide Mut. Fire Ins. Co., 110 AD2d 741; Montalvo v Key Indus., 98 AD2d 767). Lazer, J. P., Bracken, Brown, Lawrence and Hooper, JJ., concur.

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Bluebook (online)

119 A.D.2d 800, 501 N.Y.S.2d 428, 1986 N.Y. App. Div. LEXIS 55743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ghatan-v-fraioli-quigley-moving-inc-nyappdiv-1986.

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