Legal Opinion
Hughes v. Elliott
Appellate Terms of the Supreme Court of New York
Decided September 30, 2003Published
1Opinion of the Court
*39OPINION OF THE COURT
Memorandum.
Appeal unanimously dismissed.
No appeal lies by a defaulting party from a judgment entered upon default (CPLR 5511). While we recognize that this rule is subject to exception, e.g., where there has been a formal order determining matters which were the subject of contest in the court below (see Central Savannah Riv. Area Resource Dev. Agency v White Eagle Intl., 110 AD2d 742 [1985]), no such exception applies in the case at bar. We note, however, that the issues raised upon the appeal appear in any event to be without merit.
Plaintiff, a resident of Oregon, claims…
2Cases cited3 opinions
- Williams v. RoperAppellate Division of the Supreme Court of the State of New York · 2000
- Central Savannah River Area Resource Development Agency, Inc. v. White Eagle International, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Graves v. American ExpressAppellate Terms of the Supreme Court of New York · 1997