Rosedale Hutterian Brethren, Inc. v. Cornell

Appellate Division of the Supreme Court of New York

Rosedale Hutterian Brethren, Inc. v. Cornell

134 A.D.2d 781, 521 N.Y.S.2d 1001, 1987 N.Y. App. Div. LEXIS 50950

Appellate Division of the Supreme Court of the State of New York·Decided November 25, 1987·Published

Opinion

Appeal from a judgment of the Supreme Court (Walsh, Jr., J.), entered September 24, 1986 in Hamilton County, which granted plaintiff’s motion for summary judgment.

The judgment having been entered upon defendants’ default, defendants cannot appeal (see, Taubman v Taubman, 115 AD2d 190). Defendants’ remedy is to apply to Supreme Court to vacate the judgment and, if unsuccessful, to appeal from the resulting order (see, Tongue v Tongue, 97 AD2d 638, affd 61 NY2d 809).

Appeal dismissed, with costs. Mahoney, P. J., Main, Mikoll, Yesawich Jr., and Harvey, JJ., concur.

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Appeal from a judgment of the Supreme Court (Walsh, Jr., J.), entered September 24, 1986 in Hamilton County, which granted plaintiff’s motion for summary judgment.

The judgment having been entered upon defendants’ default, defendants cannot appeal (see, Taubman v Taubman, 115 AD2d 190). Defendants’ remedy is to apply to Supreme Court to vacate the judgment and, if unsuccessful, to appeal from the resulting order (see, Tongue v Tongue, 97 AD2d 638, affd 61 NY2d 809).

Appeal dismissed, with costs. Mahoney, P. J., Main, Mikoll, Yesawich Jr., and Harvey, JJ., concur.

Rosedale Hutterian Brethren, Inc. v. Cornell, 134 A.D.2d 781, 521 N.Y.S.2d 1001, 1987 N.Y. App. Div. LEXIS 50950 (N.Y. Ct. App. 1987).

Pincite

134 A.D.2d 781 (Rosedale Hutterian Brethren, Inc. v. Cornell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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