Padilla v. DaSilva

Order, Supreme Court, New York County (Robert E. White, J.), entered on or about May 9, 1990, denying defendants’ motion pursuant to CPLR 5015 to vacate a default, unanimously affirmed, with costs and disbursements. Appeal from the order of said court, entered on or about April 12, 1990, striking defendants’ answer and setting the matter down for inquest, is unanimously dismissed as nonappealable, without costs and without disbursements.

The appeal from the order dated April 12, 1990 is dismissed, as no appeal lies from an order entered upon the default of the aggrieved party. (CPLR 5511.)

Notwi…