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MR. HO CHARTER SERVICE, INC. v. HO

Nos. 7462N, 103565/11, 7462NA.

94 A.D.3d 631 (2012)

942 N.Y.S.2d 531

2012 NY Slip Op 3102

MR. HO CHARTER SERVICE, INC., Respondent, v. EDWARD G. HO, Appellant.

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

Decided April 24, 2012.

The order entered on or about August 1, 2011 is nonappealable, as it was entered on default within the meaning of CPLR 5511 (see Armin A. Meizlik Co. Inc. v L&K Jewelry Inc., 68 A.D.3d 530, 531 [2009]).

The motion to vacate the order entered on or about August 1, 2011 should have been granted, as defendant demonstrated a meritorious defense and a reasonable excuse for failing to appear at a preliminary conference (

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