MIP 145 East 57th Street, LLC v. Art Capital Group, LLC

2017 NY Slip Op 600, 146 A.D.3d 723, 45 N.Y.S.3d 786

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 31, 2017
• Docket: 2936N 156209/12
• Status: Published

Opinion

Appeal from order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about October 29, 2015, which denied defendant Art Capital Group’s motion to vacate a default judgment entered against it, unanimously dismissed, without costs.

The right to directly appeal from the intermediate order terminated upon entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]; Dietz Intl. Pub. Adjusters v Frankart Distribs., 157 AD2d 625 [1st Dept 1990]).

Were we to consider defendant’s arguments on appeal, we would find them unavailing. Defendant offered no excuse, let alone a reasonable one, for its default on the underlying motion to strike its answer (see CPLR 5015 [a] [1]). This alone warranted denial of its motion to vacate (see generally Rodgers v 66 E. Tremont Hgts. Hous. Dev. Fund Corp., 69 AD3d 510, 510 [1st Dept 2010]).

Concur — Mazzarelli, J.P., Manzanet-Daniels, Feinman, Webber and Gesmer, JJ.