Russo v. D'Urso

Appellate Division of the Supreme Court of New York

Russo v. D'Urso

262 A.D.2d 298, 689 N.Y.S.2d 645, 1999 N.Y. App. Div. LEXIS 5887

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

DecidedJune 1, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 298 (Russo v. D'Urso) 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

Russo v. D'Urso, 262 A.D.2d 298, 689 N.Y.S.2d 645, 1999 N.Y. App. Div. LEXIS 5887 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), entered December 23, 1997, which dismissed the complaint upon the plaintiff’s default in complying with an order of the same court, entered June 9, 1997, striking, among other things, the plaintiff’s note of issue and directing the plaintiff to file a new one within 30 days or the action would be deemed dismissed “without further order of the court”.

Ordered that the appeal is dismissed, with costs.

The plaintiff’s appeal from the judgment must be dismissed since no appeal lies from a judgment entered upon the default of the appealing party (see, CPLR 5511; Marquise Collection v M.A.S. Textiles Corp., 239 AD2d 470). S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.

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

—In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), entered December 23, 1997, which dismissed the complaint upon the plaintiff’s default in complying with an order of the same court, entered June 9, 1997, striking, among other things, the plaintiff’s note of issue and directing the plaintiff to file a new one within 30 days or the action would be deemed dismissed “without further order of the court”.

Ordered that the appeal is dismissed, with costs.

The plaintiff’s appeal from the judgment must be dismissed since no appeal lies from a judgment entered upon the default of the appealing party (see, CPLR 5511; Marquise Collection v M.A.S. Textiles Corp., 239 AD2d 470). S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D.2d 298, 689 N.Y.S.2d 645, 1999 N.Y. App. Div. LEXIS 5887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russo-v-durso-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack