Ana Link, LTD. v Mega U.S.A., Inc.

Ana Link, LTD. v Mega U.S.A., Inc. 2011 NY Slip Op 08838 Decided on December 8, 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 December 8, 2011
Andrias, J.P., Saxe, Sweeny, Acosta, Manzanet-Daniels, JJ.
6286N 106147/07

[*1]Ana Link, LTD., Plaintiff-Respondent,

v

Mega U.S.A., Inc., Defendant-Appellant.




Glenn Backer, New York, for appellant.
Salon Marrow Dyckman Newman & Broudy LLP, New York
(William J. Cortellessa of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered July 15, 2010, awarding plaintiff damages in the principal sum of $40,637.05, unanimously dismissed, without costs, as taken from a nonappealable judgment.A party cannot appeal from a judgment or order entered against it upon its default (CPLR 5511; Salomon v Angsten, 63 AD3d 564 [2009]; Matter of Darryl P., 228 AD2d 176 [1996]). Since defendant failed to take a direct appeal from the order denying its motion to vacate the default, that order is not reviewable by this Court.

Were we able to reach the merits, we would affirm denial of the motion to vacate because no reasonable excuse was offered for defendant's failure to answer or its failure to obtain counsel within 30 days of the withdrawal of its former counsel (see CPLR 321; Benson Park Assoc., LLC v Herman, 73 AD3d 464, 465 [2010]. Moreover, defendant's alleged meritorious defenses are, at best, questionable.

We have considered defendant's remaining arguments and find them unavailing.

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

ENTERED: DECEMBER 8, 2011

CLERK