275 Clermont, LLC v. Johnson

• Decision Date: 31 August 2022
• Docket Number: 2019–06789,Index No. 503603/15
• Citation: 208 A.D.3d 840,174 N.Y.S.3d 434
• Parties: 275 CLERMONT, LLC, respondent, v. Cecelia JOHNSON, etc., appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 840
174 N.Y.S.3d 434

275 CLERMONT, LLC, respondent,
v.
Cecelia JOHNSON, etc., appellant, et al., defendants.

2019–06789
Index No. 503603/15

Supreme Court, Appellate Division, Second Department, New York.

Submitted—June 6, 2022
August 31, 2022

174 N.Y.S.3d 435

Frank Wharton, New York, NY, for appellant.

Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz of counsel), for respondent.

ANGELA G. IANNACCI, J.P., JOSEPH A. ZAYAS, LARA J. GENOVESI, WILLIAM G. FORD, JJ.

DECISION & ORDER

208 A.D.3d 840

In an action, inter alia, pursuant to RPAPL article 15 to quiet title to real property, the defendant Cecelia Johnson appeals from a judgment of the Supreme Court, Kings County (Lawrence Knipel, J.), entered May 8, 2019. The judgment, upon a decision of the same court dated April 18, 2019, made after an inquest on the issue of damages, is in favor of the plaintiff and against that defendant, inter alia, declaring that the plaintiff is the fee owner of the subject property.

Motion by the plaintiff, inter alia, to dismiss the appeal pursuant to CPLR 5511 on the grounds that no appeal lies from a judgment entered upon the default of the appealing party and that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal. By decision and order on motion of this Court dated April 9, 2021, the branch of the motion which is to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

208 A.D.3d 841

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeal, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the grounds that no appeal lies from a judgment entered upon the default of the appealing party and that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal is granted; and it is further,

ORDERED that the appeal is dismissed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

In this action, inter alia, pursuant to RPAPL article 15 to quiet title to real property in Brooklyn, the Supreme Court, by orders dated May 11, 2018, and July 3, 2018, among other things, granted those branches of the plaintiff's motion which were for summary judgment on its first cause of action and dismissing the fifth counterclaim of the...