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FIGIEL v. MET FOOD

48 A.D.3d 330 (2008)

851 N.Y.S.2d 524

ZBIGNIEW FIGIEL, Appellant, v. MET FOOD et al., Respondents.

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

Decided February 26, 2008.

Although characterized as a default judgment, relief granted under CPLR 3126 (3) is directly appealable because such an order is made on notice, thus enabling the defaulting party to contest the motion (Champion v Wilsey, 150 A.D.2d 833, 834 [1989]). Here, however, the order was based on plaintiff's failure to oppose the motion. No appeal lies from an order entered on the default of an aggrieved party (CPLR 5511). Plaintiff's remedy...

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