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KAVANAGH, JR. v. DEMITRIEUS

259 A.D.2d 523 (1999)

684 N.Y.S.2d 899

DONALD J. KAVANAGH, JR., Respondent, v. MICHAEL DEMITRIEUS et al., Appellants.

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

Decided March 8, 1999.

Ordered that the appeal from the judgment is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The defendants provided neither evidence of excusable default nor a meritorious defense as required by CPLR 5015 in order to obtain vacatur of the judgment (cf., Classie v Stratton...

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