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FIRST YORK 86TH STREET COMPANY v. CALCE

306 A.D.2d 218 (2003)

760 N.Y.S.2d 852

FIRST YORK 86TH STREET COMPANY, Appellant, v. FREDERICO CALCE, Respondent. FIRST YORK 86TH STREET COMPANY, Appellant-Respondent, v. FREDERICO CALCE, Respondent-Appellant.

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

Decided June 26, 2003.

No appeal lies from an order or judgment granted on default (CPLR 5511). Plaintiff's motion to vacate its default in answering the calendar call on the parties' motions for summary judgment was properly denied for lack of a reasonable excuse (CPLR 5015 [a] [1]). Although plaintiff did not request oral argument on the motion, it knew that Justice Tompkins had previously scheduled oral argument on the parties' prior motions for summary judgment, and the Justice's notice of...

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