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GHATAN v. FRAIOLI & QUIGLEY MOVING, INC.

119 A.D.2d 800 (1986)

Minoo Ghatan, Appellant, v. Fraioli & Quigley Moving, Inc., Respondent

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

April 28, 1986

Appeal dismissed, with costs, 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 default. The proper remedy is an application to vacate the default, made to the court which issued the order (see, Calvagno v Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741; Montalvo v Key Indus., 98 A.D.2d 767

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