Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Default Judgment.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER AND KEHOE, JJ.
Appeal unanimously dismissed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for defendant's violation of the secondhand motor vehicle certificate and warranty statutes (Vehicle and Traffic Law §§ 417, 417-a). In appeal No. 1, defendant appeals from an order granting plaintiff a default judgment based on defendant's failure to answer the complaint. In appeal No. 2, defendant appeals from an order denying its motion to vacate the default judgment. In appeal No. 3, defendant appeals from an order entered following an inquest on damages, finding that plaintiff had sustained actual damages of $12,489.96, awarding plaintiff treble damages of $37,469.88 under Vehicle and Traffic Law § 417-a, and awarding plaintiff attorneys' fees under that statute in the amount of $10,812.50.
No appeal lies from an order entered on default and thus the appeal from the order in appeal No. 1 must be dismissed ( see, CPLR 5511; Putrino-Weiser v. Sharf, 272 A.D.2d 894; Matter of Ozolins [appeal No. 2], 65 A.D.2d 958).
With respect to appeal No. 2, defendant failed to demonstrate a reasonable excuse for its failure to answer the complaint, and thus Supreme Court did not err in refusing to vacate the default judgment ( see, Fidelity Deposit Co. of Maryland v Arthur Andersen Co., 60 N.Y.2d 693, 695; Klenk v. Kent, 103 A.D.2d 1002, appeal dismissed 63 N.Y.2d 953). Given the failure of defendant to demonstrate a reasonable excuse for its default, we need not address whether defendant demonstrated a meritorious defense to the action ( cf., Brown v. Baghdady, 226 A.D.2d 1137). Moreover, given the failure of defendant to excuse its default, we may not take cognizance of defendant's various challenges to the entry of the order on default ( see, Fish v. Fish, 251 A.D.2d 942, 943; Fleet Fin. v. Nielsen, 234 A.D.2d 728, 729). In any event, defendant may not raise those challenges for the first time on appeal ( see, Northside Partnership v. Vinci, 222 A.D.2d 921, 922, lv dismissed 87 N.Y.2d 1055; Palette Stone Corp. v. Ebert, 210 A.D.2d 807, 808).
The court properly computed actual damages, awarded plaintiff treble damages, and awarded plaintiff attorneys' fees under Vehicle and Traffic Law §§ 417 and 417-a.