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BAEZ-FERREIRA v. MARTE

5516, 310270/09.

86 A.D.3d 434 (2011)

926 N.Y.S.2d 291

2011 NY Slip Op 5869

JUAN J. BAEZ-FERREIRA, Respondent, v. Luis A. MARTE, Appellant, et al., Defendants.

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

Decided July 7, 2011.

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 A.D.3d 330 [2008]; CPLR 5511). Defendant's remedy was an application to the motion court to vacate the order (see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we...

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