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MONTALVO v. KEY INDUS.

98 A.D.2d 767 (1983)

Ricardo Montalvo, Appellant, v. Key Industries, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Superharm Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1983

Appeals dismissed, without costs or disbursements, and without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from an order entered upon his default, the proper remedy being an application to vacate the default, made to the court which issued the order (Boylan v Health Ins. Plan, 74 A.D.2d 835; Morse v Morse, 67 A.D.2d 750). Moreover...

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