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Aiello v. Cohen

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Jan 23, 2020
2020 N.Y. Slip Op. 61948 (N.Y. App. Term 2020)

Opinion

Motion No: 2020-00022 WC

01-23-2020

Peter Aiello, Respondent, v. Richard Cohen, Appellant.


BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the City Court of New Rochelle, Westchester County, entered October 16, 2019, upon appellant's failure to appear in the small claims action.

On the court's own motion, it is

ORDERED that the appeal is dismissed without prejudice to appellant moving in the City Court to vacate the default judgment and, if necessary, appealing from the determination of that motion.

The appeal is dismissed because no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

ENTER:

Paul Kenny

Chief Clerk


Summaries of

Aiello v. Cohen

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Jan 23, 2020
2020 N.Y. Slip Op. 61948 (N.Y. App. Term 2020)
Case details for

Aiello v. Cohen

Case Details

Full title:Peter Aiello, Respondent, v. Richard Cohen, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 23, 2020

Citations

2020 N.Y. Slip Op. 61948 (N.Y. App. Term 2020)