Legal Opinion
Podolsky v. Podolsky
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1986PublishedCited by 7 opinions
1Opinion of the Court
— In an action, inter alia, to impose a constructive trust, the plaintiff appeals, as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Vaccaro, J.), dated May 3, 1985, as granted a default judgment against him on the defendant Abraham Podolsky’s counterclaims.
Appeal dismissed, with costs, without prejudice to an application at Special Term for leave to vacate the default.
A party may not appeal from a judgment entered upon default. The proper remedy is an application to vacate the default, made to the court which issued the judgment…
2Cases cited2 opinions
- Calvagno v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Montalvo v. Key IndustriesAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by7 opinions
- Capoccia v. BrognanoAppellate Division of the Supreme Court of the State of New York · 1987
- Serafimovs v. SerafimovsAppellate Division of the Supreme Court of the State of New York · 1987
- Albert v. SchoenleestAppellate Division of the Supreme Court of the State of New York · 1996
- Kelly v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Selznick v. Ordan Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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