Opinion
No. 4862.
April 21, 2011.
Appeal from judgment, Supreme Court, New York County (Ira S. Gammerman, J.H.O.), entered March 18, 2010, which, upon defendant's default, granted plaintiffs' motion for summary judgment in lieu of complaint, unanimously dismissed, with costs, as taken from a nonappealable judgment.
Sunshine Feinstein, LLP, Garden City, (Paula Schwartz Frome of counsel), for appellant.
Quirk and Bakalor, P.C., New York (Carter A. Reich of counsel), for respondents.
Before: Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ.
Since the judgment appealed from was granted on default, no appeal lies therefrom. Defendant's remedy is an application to the rendering court to vacate the judgment, if not otherwise time barred ( see CPLR 5511, 5015; Armin A. Meizlik Co. Inc. v L K Jewelry Inc., 68 AD3d 530).