Lerman v. Ziobert

Appellate Division of the Supreme Court of New York

Lerman v. Ziobert

248 A.D.2d 385, 669 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 2046

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

DecidedMarch 2, 1998

StatusPublished

This text of 248 A.D.2d 385 (Lerman v. Ziobert) 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

Lerman v. Ziobert, 248 A.D.2d 385, 669 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 2046 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding pursuant to CPLR 7510 to confirm an arbitration award, the appeal is (1) from an order of the Supreme Court, Rockland [386]*386County (Bergerman, J.), dated January 9, 1997, which, upon the appellants’ default, granted the petitioner’s motion to renew his prior motion to confirm the arbitration award, dated April 18, 1996, and (2) from a judgment of the same court, also dated January 9, 1997, which, upon renewal of the petitioner’s motion to confirm the arbitration award, confirmed the award.

Ordered that the appeals from the order and the judgment are dismissed; and it is further,

Ordered that the petitioner is awarded one bill of costs.

The appeals must be dismissed as no appeal lies from a paper entered upon the default of the aggrieved party (see, CPLR 5511; Katz v Katz, 68 AD2d 536).

Thompson, J. P., Pizzuto, Joy and Altman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding pursuant to CPLR 7510 to confirm an arbitration award, the appeal is (1) from an order of the Supreme Court, Rockland [386]*386County (Bergerman, J.), dated January 9, 1997, which, upon the appellants’ default, granted the petitioner’s motion to renew his prior motion to confirm the arbitration award, dated April 18, 1996, and (2) from a judgment of the same court, also dated January 9, 1997, which, upon renewal of the petitioner’s motion to confirm the arbitration award, confirmed the award.

Ordered that the appeals from the order and the judgment are dismissed; and it is further,

Ordered that the petitioner is awarded one bill of costs.

The appeals must be dismissed as no appeal lies from a paper entered upon the default of the aggrieved party (see, CPLR 5511; Katz v Katz, 68 AD2d 536).

Thompson, J. P., Pizzuto, Joy and Altman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D.2d 385, 669 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 2046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lerman-v-ziobert-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack