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HUGHES v. ELLIOTT

1 Misc.3d 38 (2003)

768 N.Y.S.2d 74

DARRELL HUGHES, Appellant, v. STEVE ELLIOTT, Respondent.

Supreme Court, Appellate Term, Second Department.

September 30, 2003.

Attorney(s) appearing for the Case

James Baker, Fairfax, California, for appellant.

DOYLE, P.J., LIFSON and RUDOLPH, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal unanimously dismissed.

No appeal lies by a defaulting party from a judgment entered upon default (CPLR 5511). While we recognize that this rule is subject to exception, e.g., where there has been a formal order determining matters which were the subject of contest in the court below (see Central Savannah Riv. Area Resource Dev. Agency v White Eagle Intl.,...

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