Legal Opinion

Vasquez v. Koret, Inc.

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

Decided June 29, 1989PublishedCited by 5 opinions

1Opinion of the Court

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…

2Cases cited1 opinion

  1. Ross Bicycles, Inc. v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. Luciano v. FelixAppellate Division of the Supreme Court of the State of New York · 2020
  2. Country Wide Home Loans, Inc. v. DuniaAppellate Division of the Supreme Court of the State of New York · 2016
  3. Hutchinson Burger, Inc. v. BradshawAppellate Division of the Supreme Court of the State of New York · 2017
  4. Hurley v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  5. Bank Leumi Trust Co. v. SibthorpeAppellate Division of the Supreme Court of the State of New York · 1990

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