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Walsh v. Syms

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 9, 1976
51 A.D.2d 645 (N.Y. App. Div. 1976)

Opinion

January 9, 1976

Appeal from the Niagara Supreme Court.

Present — Marsh, P.J., Simons, Mahoney, Goldman and Witmer, JJ.


Appeal unanimously dismissed, with costs, in accordance with the following memorandum: No appeal lies from a judgment entered by default (CPLR 5511; 10 Carmody-Wait, 2d, §§ 70:25, 70:58), nor can such judgment be amended on appeal (Herpe v Herpe, 225 N.Y. 323, 327). Defendants' remedy, if any, is by motion to open the default and vacate the judgment. Were the appeal properly before us from an order denying a motion to open the default and vacate the judgment, we would affirm on the merits.


Summaries of

Walsh v. Syms

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 9, 1976
51 A.D.2d 645 (N.Y. App. Div. 1976)
Case details for

Walsh v. Syms

Case Details

Full title:RICHARD J. WALSH, Respondent, v. JOHN L. SYMS et al., Appellants

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

Date published: Jan 9, 1976

Citations

51 A.D.2d 645 (N.Y. App. Div. 1976)

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