Baez-Ferreira v Marte

Baez-Ferreira v Marte 2011 NY Slip Op 05869 Decided on July 7, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 7, 2011
Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam, Román, JJ.
5516 310270/09

[*1]Juan J. Baez-Ferreira, Plaintiff-Respondent,

v

Luis A. Marte, Defendant-Appellant, Suzette M. Mennen, et al., Defendants.



 
Skenderis & Cornacchia P.C., Long Island City (Louis T.
Cornacchia of counsel), for appellant.
Law Office of Ryan S. Goldstein, PLLC, Bronx (Ryan S.
Goldstein of counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered December 9, 2010, which, insofar as appealed from as limited by the briefs, in an action for personal injuries sustained in a motor vehicle accident, granted plaintiff's motion for partial summary judgment on the issue of liability as against defendant Marte on default, unanimously dismissed, without costs, as taken from a nonappealable order.

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d 330 [2008]; CPLR 5511). Defendant's remedy was an application to the motion
court to vacate the order (see Figiel at 330; CPLR 5015[a][1]).

However, were we to reach the merits we would affirm.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JULY 7, 2011

CLERK