Marson Construction Corp. v. Illinois Union Insurance

Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 23, 1999, which, upon plaintiffs default, granted the motion of defendants F.J. Wilkes & Company and Steven Marshall to dismiss the complaint as against them as time-barred and for lack of privity, unanimously dismissed, without costs.

The purportedly appealed order, entered upon plaintiffs default in responding to defendants-respondents’ motion to dismiss the complaint, is nonappealable (CPLR 5511; Batra v State Farm Fire & Cas. Co., 205 AD2d 480). In any event, were the order appealable, we would find…