Legal Opinion

MIP 145 East 57th Street, LLC v. Art Capital Group, LLC

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

Decided January 31, 2017No. 2936N 156209/12Published

1Opinion of the Court

Appeal from order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about October 29, 2015, which denied defendant Art Capital Group’s motion to vacate a default judgment entered against it, unanimously dismissed, without costs.

The right to directly appeal from the intermediate order terminated upon entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]; Dietz Intl. Pub. Adjusters v Frankart Distribs., 157 AD2d 625 [1st Dept 1990]).

Were we to consider defendant’s arguments on appeal, we would find them unavailing. Defendant offered no excuse, let alone a…

2Cases cited3 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Rodgers v. 66 East Tremont Heights Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Dietz International Public Adjusters, Inc. v. Frankart Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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