Opinion
570329/07.
Decided October 7, 2008.
Respondents appeal from a final judgment of the Civil Court of the City of New York, New York County (Marc Finkelstein, J.), entered on or about June 18, 2007, after inquest, which awarded possession to landlord, and from an order of the same court (Gary F. Marton, J.), dated April 25, 2007, which granted landlord's motion to strike the answers in holdover summary proceedings.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Final judgment (Marc Finkelstein, J.), entered on or about June 18, 2007, affirmed, with $25 costs. Appeal from order (Gary F. Marton, J.), dated April 25, 2007, dismissed, without costs, as nonappealable.
Respondent-appellants' failure to submit papers in opposition to petitioner's motion to strike their answers constituted, as Civil Court properly found, a default on the motion. Appellants' remedy was not an appeal from the order entered on default but a motion to vacate their default ( see CPLR 5511; Figiel v Met Food, 48 AD3d 300). Since no direct appeal lies from the order entered on default, appellants' challenge to the judgment entered after inquest brings up for review only matters treated at the inquest ( see Lehman Bros. Holdings, Inc. v Matt, 34 AD3d 290). No basis has been shown to disturb the possessory judgment awarded to landlord upon the inquest held in this nonprimary residence holdover proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.