Massey v. City of New York

—Appeal from order, Supreme Court, Bronx County (Douglas McKeon, J.), entered December 19, 1996, which denied defendant-appellant City of New York’s motion to vacate the prior order, striking its answer for disclosure noncompliance, unanimously dismissed, without costs, as taken from a nonappealable order.

Although appellant denominated its motion as one to vacate its default in not opposing plaintiffs earlier motion to strike its answer, the IAS Court explicitly stated, and indeed appellant now explicitly argues in its reply brief, that plaintiffs earlier motion, resulting in the January 5,…