Legal Opinion

Baez-Ferreira v. Marte

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

Decided July 7, 2011PublishedCited by 2 opinions

1Opinion of the Court

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d 330 [2008]; *435CPLR 5511). Defendant’s remedy was an application to the motion court to vacate the order (see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we would affirm. Concur — Mazzarelli, J.E, Catterson, DeGrasse, Abdus-Salaam and Román, JJ.

2Cases cited1 opinion

  1. Figiel v. Met FoodAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by2 opinions

  1. Hodson v. Vinnie's Farm MarketAppellate Division of the Supreme Court of the State of New York · 2013
  2. Hodson v. Vinnie's Farm MarketAppellate Division of the Supreme Court of the State of New York · 2013