TAUBER v. PAPA


278 A.D.2d 305 (2000)

718 N.Y.S.2d 189

RACHEL TAUBER, Also Known as SARAH JARET, Respondent, v. FRANK PAPA, Appellant.

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

Decided December 11, 2000.


Ordered that the appeal from the order dated May 9, 2000 is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see, CPLR 5511); and, it is further,

Ordered that the order dated April 5, 2000, is affirmed, without costs and disbursements.

It is well settled that a defendant attempting to vacate a default must establish both a reasonable excuse for the default and a meritorious defense...

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