Ross Bicycles, Inc. v. Citibank, N.A.
| Decision Date | 12 November 1987 |
| Citation | 520 N.Y.S.2d 769,134 A.D.2d 181 |
| Parties | ROSS BICYCLES, INC., Plaintiff-Respondent, v. CITIBANK, N.A., Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
A. Gerwin, F.L. Sohn, New York City, for plaintiff-respondent.
W.F. Kuntz, II, New York City, B.E. Hernandez, for defendant-appellant.
Before KUPFERMAN, J.P., and SULLIVAN, CARRO and SMITH, JJ.
Appeal from judgment, Supreme Court, New York County (Ethel B. Danzig, J.), entered June 10, 1987, which granted plaintiff's motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, dismissed, without costs or disbursements, as having been taken from a non-appealable judgment.
Since the judgment appealed from was granted on default, no appeal lies therefrom, the proper remedy being an application to the rendering court to vacate the judgment, if not otherwise time barred. (CPLR 5511, 5015; LoCicero v. J.F.K. International Airport, 131 A.D.2d 305, 516 N.Y.S.2d 7).
All concur.
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Ross Bicycles, Inc. v. Citibank, N.A.
...drafts which were presented for payment between May 13 and May 20, 1987. Although a default was entered (see, Ross v. Citibank, 134 A.D.2d 181, 520 N.Y.S.2d 769), defendant's default was opened (Ross v. Citibank, 149 A.D.2d 330, 539 N.Y.S.2d 906) and summary disposition was denied as defend......
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Ross Bicycles, Inc. v. Citibank, N.A.
...was dismissed by this Court as nonappealable because the judgment had been granted on default. (Ross Bicycles, Inc. v. Citibank, N.A., 134 A.D.2d 181, 520 N.Y.S.2d 769 [1st Dept.1987] ). Supreme Court, however, upon defendant-appellant's motion to vacate the default judgment, held that it h......
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