ACHAMPONG v. WEIGELT


240 A.D.2d 247 (1997)

658 N.Y.S.2d 606

Emmanuel Achampong, Appellant, v. Richard Weigelt et al., Respondents

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

June 12, 1997


In this case, the prior default motion was contested by defendants, who, thereafter, neither appealed nor moved for reargument/renewal within the statutory 30 day period pursuant to CPLR 5513. We have previously noted: "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...

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