PODOLSKY v. PODOLSKY

Appeal dismissed, with costs, without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from a judgment entered upon default. The proper remedy is an application to vacate the default, made to the court which issued the judgment (see, Calvagno v Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741; Montalvo v. Key Indus., 98 A.D.2d 767). Lazer, J.P., Brown, Weinstein and Niehoff, JJ., concur.