Ghatan v. Fraioli Quigley Moving, Inc.

Full title: MINOO GHATAN, Appellant, v. FRAIOLI QUIGLEY MOVING, INC., Respondent

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

Date published: Apr 28, 1986

119 A.D.2d 800 (N.Y. App. Div. 1986)

Opinion

April 28, 1986

Appeal from the Supreme Court, Westchester County (Nastasi, J.).

Appeal dismissed, with costs, and without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from an order entered upon default. The proper remedy is an application to vacate the default, made to the court which issued the order (see, Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741; Montalvo v. Key Indus., 98 A.D.2d 767). Lazer, J.P., Bracken, Brown, Lawrence and Kooper, JJ., concur.