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
- Figiel v. Met FoodAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by2 opinions
- Hodson v. Vinnie's Farm MarketAppellate Division of the Supreme Court of the State of New York · 2013
- Hodson v. Vinnie's Farm MarketAppellate Division of the Supreme Court of the State of New York · 2013