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Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 326 (N.Y. App. Div. 1997)

Opinion

January 23, 1997.

Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered April 4, 1996, which denied defendants' motion to reargue, denominated a motion to vacate a default, unanimously dismissed as taken from a nonappealable order, without costs.

Before: Williams, J. P., Tom, Mazzarelli and Andrias, JJ.


Although denominated a motion to vacate a default, defendants' motion was, in actuality, one to reargue the prior order that had conditionally struck their answer pursuant to CPLR 3126 (3), rendering the instant order nonappealable ( see, Berman v Szpilzinger, 180 AD2d 612). In any event, if we were to review, we would find that defendants provided neither a reasonable excuse for their failure to comply with the conditional order nor an affidavit of merit by one with personal knowledge of the facts ( see, Becerril v Skate Way Roller Rink, 184 AD2d 365, 366).


Summaries of

Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 326 (N.Y. App. Div. 1997)
Case details for

Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Case Details

Full title:FEDERATION OF PUERTO RICAN ORGANIZATIONS OF BROWNSVILLE, INC., et al.…

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

Date published: Jan 23, 1997

Citations

235 A.D.2d 326 (N.Y. App. Div. 1997)
652 N.Y.S.2d 954

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