Legal Opinion
Figiel v. Met Food
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2008PublishedCited by 18 opinions
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered November 21, 2006, which granted defendants’ motion on default to strike the complaint and dismissed the action with prejudice, unanimously dismissed, without costs.
Although characterized as a default judgment, relief granted under CPLR 3126 (3) is directly appealable because such an order is made on notice, thus enabling the defaulting party to contest the motion (Champion v Wilsey, 150 AD2d 833, 834 [1989]). Here, however, the order was based on plaintiffs failure to oppose the motion. No appeal lies from an…
2Cases cited4 opinions
- Siegman v. RosenAppellate Division of the Supreme Court of the State of New York · 2000
- F. W. Myers & Co. v. Owsley & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Goldstein v. CIBC World Markets Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Champion v. WilseyAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by18 opinions
- M & C Brothers v. TorumAppellate Division of the Supreme Court of the State of New York · 2010
- Anita L. v. Damon N.Appellate Division of the Supreme Court of the State of New York · 2008
- Bryant v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- VanEtten Oil Co. v. Exotic Flora & Fauna, Ltd.Appellate Division of the Supreme Court of the State of New York · 2010
- Armin A. Meizlik Co. v. L&K Jewelry Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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