Opinion
01-31-2017
MIP 145 EAST 57TH STREET, LLC, Plaintiff–Respondent, v. ART CAPITAL GROUP, LLC also known as Art Capital Group, Inc., Defendant–Appellant, Ian Peck, Defendant.
Jack L. Lester, New York, for appellant. Gallet Dreyer & Berkey, LLP, New York (Pamela Gallagher of counsel), for respondent.
Jack L. Lester, New York, for appellant.
Gallet Dreyer & Berkey, LLP, New York (Pamela Gallagher of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about October 29, 2015, which denied defendant Art Capital Group's motion to vacate a default judgment entered against it, unanimously dismissed, without costs.
The right to directly appeal from the intermediate order terminated upon entry of the final judgment (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976] ; Dietz Intl. Pub. Adjusters v. Frankart Distribs., 157 A.D.2d 625, 551 N.Y.S.2d 776 [1st Dept.1990] ). Were we to consider defendant's arguments on appeal, we would find them unavailing. Defendant offered no excuse, let alone a reasonable one, for its default on the underlying motion to strike its answer (see CPLR 5015[a] [1] ). This alone warranted denial of its motion to vacate (see generally Rodgers v. 66 E. Tremont Hgts. Hous. Dev. Fund Corp., 69 A.D.3d 510, 510, 893 N.Y.S.2d 55 [1st Dept.2010] ).
MAZZARELLI, J.P., MANZANET–DANIELS, FEINMAN, WEBBER, GESMER, JJ., concur.