SPATZ v. BAJRAMOSKI


214 A.D.2d 436 (1995)

624 N.Y.S.2d 606

Sherril Spatz, Respondent, v. Mizzen Bajramoski, Appellant, et al., Defendant

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

April 18, 1995


The IAS Court, in denying the vacatur motions, properly determined that the application seeking to vacate the May 19, 1993 order and judgment on the grounds of excusable default was procedurally defective. Where, as here, a party appears and contests an application for entry of a default judgment, CPLR 5511, prohibiting an appeal from an order or judgment entered upon default, is inapplicable, and the judgment predicated upon the party's default is therefore appealable (...

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