LICHTMAN v. MOUNT JUDAH CEMETERY


269 A.D.2d 319 (2000)

705 N.Y.S.2d 23

MICHAEL LICHTMAN, Appellant, v. MOUNT JUDAH CEMETERY et al., Respondents.

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

Decided February 29, 2000.


It is settled that ex parte orders are unappealable as of right (CPLR 5701 [a] [2]; Nedell v Sprigman, 227 A.D.2d 163). Plaintiff's appeal from the denial of his ex parte application for a default judgment should therefore be dismissed. Were we to reach the merits, we would find that the court's ruling, requiring that the application should be on notice to the non-answering defendants...

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