Legal Opinion

Ana Link, Ltd. v. Mega U.S.A., Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2011PublishedCited by 1 opinion

1Opinion of the Court

A party cannot appeal from a judgment or order entered against it upon its default (CPLR 5511; Salomon v Angsten, 63 AD3d 564 [2009]; Matter of Darryl P., 228 AD2d 176 [1996]). Since defendant failed to take a direct appeal from the order denying its motion to vacate the default, that order is not reviewable by this Court.

Were we able to reach the merits, we would affirm denial of the motion to vacate because no reasonable excuse was offered for defendant’s failure to answer or its failure to obtain counsel within 30 days of the withdrawal of its former counsel (see CPLR 321; Benson Park…

2Cases cited2 opinions

  1. Benson Park Associates, LLC v. HermanAppellate Division of the Supreme Court of the State of New York · 2010
  2. Salomon v. AngstenAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by1 opinion

  1. 1825 Madison Retail, LLC v. Exclusive Dental Studios, PLLCAppellate Terms of the Supreme Court of New York · 2019

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