Opinion
1020 Index No. 653745/18 Case No. 2022–04755
11-14-2023
CROWDPAY.US, INC., Plaintiff–Respondent, v. STREAM NET, INC., Defendant–Appellant.
Fourton & Associates, PLLC, New York (Leslie E. Fourton of counsel), for appellant. James Klatsky, Merrick, for respondent.
Fourton & Associates, PLLC, New York (Leslie E. Fourton of counsel), for appellant.
James Klatsky, Merrick, for respondent.
Manzanet–Daniels, J.P., Oing, Scarpulla, Rodriguez, Higgitt, JJ.
Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), entered September 23, 2022, which granted plaintiff's motion pursuant to CPLR article 75 to vacate a June 5, 2022 arbitration award and ordered the Clerk to enter judgment in favor of plaintiff and against defendant in the amount of $218,026.00, unanimously dismissed, without costs, as taken from a nonappealable order.
After an arbitration proceeding in which the arbitrator dismissed all claims against defendant, plaintiff moved to vacate the award; in response, defendant's attorney submitted only an unsworn letter. Supreme Court granted plaintiff's motion on default.
As a result, no appeal lies from the order ( CPLR 5511 ; see Figiel v. Met Food, 48 A.D.3d 330, 330, 851 N.Y.S.2d 524 [1st Dept. 2008] ).