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BAEZ-FERREIRA v. MARTE

Appellate Division of the Supreme Court of New York, First Department.
Jul 7, 2011

The appeal is dismissed because no appeal lies from an order granted on default ( see Figiel v Met Food, 48 AD3d 330; CPLR 5511). Defendant's remedy was an application to the motion court to vacate the order ( see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we would affirm.