Legal Opinion

Soule v. Lozada

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

Decided June 19, 1997PublishedCited by 2 opinions

1Opinion of the CourtWhite, J.

Appeals (1) from an order of the Supreme Court (Tait, Jr., J.), entered April 4, 1996 in Madison County, which granted plaintiffs’ motion for a default judgment, and (2) from a letter of said court, entered July 26, 1996 in Madison County, which dismissed defendant’s motion to vacate the default judgment.

Defendant’s appeal from Supreme Court’s order granting plaintiffs a default judgment is dismissed since a party may not appeal directly from an order entered upon his or her *898default, the proper remedy being a motion to vacate the default and an appeal from any denial thereof (see, Matter of…

2Cases cited3 opinions

  1. Brannigan v. DubuqueAppellate Division of the Supreme Court of the State of New York · 1993
  2. Egbert Campbell v. Records Access Officer of New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1995
  3. Prince v. InveraryAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by2 opinions

  1. Settembrini v. SettembriniAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gennett v. GennettAppellate Division of the Supreme Court of the State of New York · 1997

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