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LAWRENCE v. SOTUDEH

5 A.D.3d 445 (2004)

772 N.Y.S.2d 590

GLORIA LAWRENCE, Appellant, v. SHAZRIAR SOTUDEH, Respondent.

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

March 8, 2004.

Ordered that the appeal is dismissed, with costs to the respondent.

No appeal lies from an order made upon the default of the appealing party (see CPLR 5511; Kandel v Hoffman, 309 A.D.2d 904 [2003]). The proper procedure would have been for the plaintiff to move to open her default and to vacate the order dated December 10, 2002, and if necessary, appeal from the denial of the motion to vacate (see Grober v Busigo...

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