AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOHN SOULE et al., Respondents, v. JOSE MARI C. LOZADA, Appellant.

Defendant's appeal from Supreme Court's order granting plaintiffs a default judgment is dismissed since a party may not appeal directly from an order entered upon his or her default, the proper remedy being a motion to vacate the default and an appeal from any denial thereof (see, Matter of Campbell v Records Access Officer, 221 A.D.2d 201; Brannigan v. Dubuque, 199 A.D.2d 851).

We shall also dismiss the purported appeal from Supreme Court's letter, dated June 17, 1996, because that document is not an appealable paper (see, Prince v. Inverary, 235 A.D.2d 467). In any event, Supreme Court did not abuse its discretion in refusing to consider defendant's motion since the motion papers were not in proper form.

Cardona, P.J., Mercure, Crew III and Carpinello, JJ., concur.

Ordered that the appeals are dismissed, without costs.

Use AI to get other relevant cases.

Comments

SOULE v. LOZADA
(Jun 19, 1997)