Nelson v. City of New York

Full title: KEVIN B. NELSON, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Jun 4, 2004

2004 N.Y. Slip Op. 50579 (N.Y. App. Term 2004)

Opinion

No. 2003-1516 QC.

Decided June 4, 2004.

Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Queens County (J. Golia, J.), entered August 7, 2003, which granted on default defendant's motion to dismiss the action due to plaintiff's failure to timely file a notice of claim.

Appeal unanimously dismissed.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

No appeal lies from an order entered upon default (CPLR 5511). The remedy of a party against whom a default order has been entered is to move to vacate the default (CPLR 5015). Should the motion to vacate be denied, the aggrieved party may then appeal from such denial.