Vasquez v. Koret, Inc.

Appellate Division of the Supreme Court of New York

Vasquez v. Koret, Inc.

151 A.D.2d 448, 543 N.Y.S.2d 907, 1989 N.Y. App. Div. LEXIS 8873

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

DecidedJune 29, 1989

StatusPublished

Cited by5 cases

This text of 151 A.D.2d 448 (Vasquez v. Koret, Inc.) 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

Vasquez v. Koret, Inc., 151 A.D.2d 448, 543 N.Y.S.2d 907, 1989 N.Y. App. Div. LEXIS 8873 (N.Y. Ct. App. 1989).

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Opinion

Appeal from order of the Supreme Court, Bronx County (Bertram Katz, J.), entered on or about September 13, 1988, which granted defendants’ motion dismissing the complaint, is dismissed, without costs or disbursements, as having been taken from a nonappealable order.

The order appealed from herein was granted on default. The proper remedy for plaintiff, therefore, is to move to vacate such default pursuant to CPLR 5015. No appeal lies from an order or judgment entered on default (see, CPLR 5511; Ross Bicycles v Citibank, 134 AD2d 181). Concur — Asch, J. P., Kassal, Rosenberger, Wallach and Rubin, JJ.

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Appeal from order of the Supreme Court, Bronx County (Bertram Katz, J.), entered on or about September 13, 1988, which granted defendants’ motion dismissing the complaint, is dismissed, without costs or disbursements, as having been taken from a nonappealable order.

The order appealed from herein was granted on default. The proper remedy for plaintiff, therefore, is to move to vacate such default pursuant to CPLR 5015. No appeal lies from an order or judgment entered on default (see, CPLR 5511; Ross Bicycles v Citibank, 134 AD2d 181). Concur — Asch, J. P., Kassal, Rosenberger, Wallach and Rubin, JJ.

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Bluebook (online)

151 A.D.2d 448, 543 N.Y.S.2d 907, 1989 N.Y. App. Div. LEXIS 8873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-koret-inc-nyappdiv-1989.

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