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Circelli v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 519 (N.Y. App. Div. 1999)

Opinion

Submitted May 12, 1999

June 21, 1999

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 10, 1998, which granted the defendants' motion to dismiss the complaint upon the plaintiffs' default in appearing at trial.

James R. Filenbaum, Suffern, N.Y., for appellants.

William A. Medican, Goshen, N.Y. (Richard B. Schoenberg of counsel), for respondents.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party ( see, CPLR 5511; High v. Coletti, 143 A.D.2d 810). The proper procedure was for the plaintiffs to move to open their default and to vacate the order dated July 10, 1998, and, if necessary, to appeal from the denial of the motion to vacate ( see, High v. Coletti, supra).


Summaries of

Circelli v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 519 (N.Y. App. Div. 1999)
Case details for

Circelli v. Goodman

Case Details

Full title:ANTHONY CIRCELLI, et al., appellants, v. FAITH L. GOODMAN, et al.…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 519 (N.Y. App. Div. 1999)
693 N.Y.S.2d 58

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