Kamen v. Weithorn
This text of 83 A.D.3d 560 (Kamen v. Weithorn) 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.
Opinion
Appeal from judgment, Supreme Court, New York County (Ira S. Gammerman, J.H.O.), entered March 18, 2010, which, upon defendant’s default, granted [561]*561plaintiffs’ motion for summary judgment in lieu of complaint, unanimously dismissed, with costs, as taken from a nonappealable judgment.
Since the judgment appealed from was granted on default, no appeal lies therefrom. Defendant’s remedy is an application to the rendering court to vacate the judgment, if not otherwise time barred (see CPLR 5511, 5015; Armin A. Meizlik Co. Inc. v L&K Jewelry Inc., 68 AD3d 530 [2009]). Concur—Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ.
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Cite This Page — Counsel Stack
83 A.D.3d 560, 920 N.Y.S.2d 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kamen-v-weithorn-nyappdiv-2011.