Wittlin v. Schapiro's Wine Co.

Order, Supreme Court, New York County (Eugene Nardelli, J.), entered on or about August 23, 1990, which sua sponte granted a default judgment in favor of plaintiff against defendants Schapiro’s Wine Co. Ltd. ("Schapiro’s Wine”) and Norman Schapiro, is unanimously reversed, on the law, with costs; and appeal from an order, Supreme Court, New York County (Eugene Nardelli, J.), entered August 31, 1990, which denied defendants’ motion to reargue, is dismissed as non-appealable, without costs.

This litigation arises from a loan, the amount of which is in dispute, made in December 1983 by plaintiff,…