Katan Group v. CPC Resources

Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered October 3, 2012, which, inter alia, granted defendants’ motion to dismiss the complaint, unanimously dismissed, without costs.

Plaintiff defaulted on defendants’ motion to dismiss and for attorneys’ fees. When the IAS court allowed plaintiff additional time to put in opposition papers in lieu of a default, plaintiff instead submitted an amended complaint with completely new allegations and claims. The IAS court ruled this a default. Plaintiff may not appeal an order entered on default (see CPLR 5511; Batra v State…