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Abboud v. Abuhegazy

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 519 (N.Y. App. Div. 1997)

Opinion

October 14, 1997

Appeal from the Supreme Court, Nassau County (O'Brien, J.).


Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party ( see, CPLR 5511). To the extent that on this appeal the defendant seeks review of a prior order of the same court dated September 21, 1995, which denied his motion to vacate his default in answering the complaint, such review is available only on a direct appeal from the prior order ( see, Grober v Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552; Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741), or on an appeal from a final judgment in the action ( see, James v. Powell, 19 N.Y.2d 249; CPLR 5501 [a] [1]).

O'Brien, J.P., Santucci, Joy and Altman, JJ., concur.


Summaries of

Abboud v. Abuhegazy

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 519 (N.Y. App. Div. 1997)
Case details for

Abboud v. Abuhegazy

Case Details

Full title:FATMA ABBOUD, Respondent, v. MOHAMED ABUHEGAZY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1997

Citations

243 A.D.2d 519 (N.Y. App. Div. 1997)
663 N.Y.S.2d 96

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