U.S. Equities Corp. v. Brito

Appellate Terms of the Supreme Court of New York

U.S. Equities Corp. v. Brito

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 26, 2019

Docket2019 NYSlipOp 52098(U)

StatusPublished

This text of U.S. Equities Corp. v. Brito (U.S. Equities Corp. v. Brito) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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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U.S. Equities Corp. v. Brito, (N.Y. Ct. App. 2019).

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Opinion

U.S. Equities Corp., Plaintiff-Appellant,

against

Melaneo J. Brito, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered June 25, 2019, which granted defendant's motion to vacate a default judgment to the extent of setting the matter down for a traverse hearing.

Per Curiam.

Appeal from order (Sabrina B. Kraus, J.), entered June 25, 2019, dismissed, without costs and without prejudice.

The underlying order is not appealable because it does not recite the papers used on the motion (see CPLR 2219[a]; Arena v City of New York, 23 AD2d 847 [1965]). In fact the words "foregoing cited papers" are crossed out in the order and replaced with the word "annexed", without specification of what papers the court considered. Our disposition is without prejudice to plaintiff moving in Civil Court for resettlement of the order to reflect the papers considered (see Matter of Stonchius, 209 AD2d 705 [1994]) and to appeal the resettled order.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: December 26, 2019

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U.S. Equities Corp., Plaintiff-Appellant,

against

Melaneo J. Brito, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered June 25, 2019, which granted defendant's motion to vacate a default judgment to the extent of setting the matter down for a traverse hearing.

Per Curiam.

Appeal from order (Sabrina B. Kraus, J.), entered June 25, 2019, dismissed, without costs and without prejudice.

The underlying order is not appealable because it does not recite the papers used on the motion (see CPLR 2219[a]; Arena v City of New York, 23 AD2d 847 [1965]). In fact the words "foregoing cited papers" are crossed out in the order and replaced with the word "annexed", without specification of what papers the court considered. Our disposition is without prejudice to plaintiff moving in Civil Court for resettlement of the order to reflect the papers considered (see Matter of Stonchius, 209 AD2d 705 [1994]) and to appeal the resettled order.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: December 26, 2019

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U.S. Equities Corp. v. Brito, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-equities-corp-v-brito-nyappterm-2019.

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