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Walsh v. Syms

51 A.D.2d 645, 377 N.Y.S.2d 837, 1976 N.Y. App. Div. LEXIS 10988
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 9, 1976
StatusPublished
Cited by2 cases

This text of 51 A.D.2d 645 (Walsh v. Syms) 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
Walsh v. Syms, 51 A.D.2d 645, 377 N.Y.S.2d 837, 1976 N.Y. App. Div. LEXIS 10988 (N.Y. Ct. App. 1976).

Opinion

Appeal unanimously dismissed, with costs, in accordance with the following memorandum: No appeal lies from a judgment entered by default (CPLR 5511; 10 Carmody-Wait, 2d, §§70:25, 70:58), nor can such judgment be amended on appeal (Herpe v Herpe, 225 NY 323, 327). Defendants’ remedy, if any, is by motion to open the default and vacate the judgment. Were the appeal properly before us from an order denying a motion to open the default and vacate the judgment, we would affirm on the merits. (Appeal from judgment of Niagara Supreme Court in action on promissory note.) Present—Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

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Related

In re Kendra R. Erie County Department of Social Services
248 A.D.2d 1030 (Appellate Division of the Supreme Court of New York, 1998)
Dell's House of Kitchens, Inc. v. Owens
57 A.D.2d 1051 (Appellate Division of the Supreme Court of New York, 1977)

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Bluebook (online)
51 A.D.2d 645, 377 N.Y.S.2d 837, 1976 N.Y. App. Div. LEXIS 10988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-syms-nyappdiv-1976.