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CONCORD MOVING & STORAGE, INC. v. SABBETH

204 A.D.2d 590 (1994)

614 N.Y.S.2d 219

Concord Moving & Storage, Inc., et al., Appellants, v. Stephen J. Sabbeth, Respondent

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

May 23, 1994

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order made upon the default of an aggrieved party (CPLR 5511). The proper procedure would have been for the plaintiffs to move to open their default and to vacate the order dated July 7, 1992, and if necessary, appeal from a denial of the motion to vacate the default (see, High v Coletti, 143 A.D.2d...

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