Raybould v. Swett

Appellate Division of the Supreme Court of New York

Raybould v. Swett

248 A.D.2d 238, 671 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 2529

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

DecidedMarch 17, 1998

StatusPublished

Cited by1 cases

This text of 248 A.D.2d 238 (Raybould v. Swett) 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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Raybould v. Swett, 248 A.D.2d 238, 671 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 2529 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from order, [239]*239Supreme Court, New York County (Emily Goodman, J.), entered November 29, 1996, which, inter alia, granted plaintiffs cross motion to dismiss defendants’ counterclaims upon defendants’ default, unanimously dismissed, with costs payable to respondent, as taken from a nonappealable paper.

No appeal lies from an order, such as the one defendants would here have reviewed, entered on default (see, CPLR 5511, 2221 [a]; see also, Nedell v Sprigman, 227 AD2d 163).

Concur— Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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—Appeal from order, [239]*239Supreme Court, New York County (Emily Goodman, J.), entered November 29, 1996, which, inter alia, granted plaintiffs cross motion to dismiss defendants’ counterclaims upon defendants’ default, unanimously dismissed, with costs payable to respondent, as taken from a nonappealable paper.

No appeal lies from an order, such as the one defendants would here have reviewed, entered on default (see, CPLR 5511, 2221 [a]; see also, Nedell v Sprigman, 227 AD2d 163).

Concur— Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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248 A.D.2d 238, 671 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 2529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raybould-v-swett-nyappdiv-1998.

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