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WILMINGTON SAV. FUND SOCY., FSB v. SCAFFIDI

Index No. 35032/13E. Appeal No. 12927. Case No. 2020-01362.

190 A.D.3d 596 (2021)

136 N.Y.S.3d 721

2021 NY Slip Op 00378

Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust for PNPMS Trust, II, Respondent, v. Carmelo Scaffidi, as Heir and Administrator of the Estate of Blanca Scaffidi, Also Known as Blanca R. Scaffidi, Appellant, et al., Defendants.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Michael Kennedy Karlson , New York, for appellant.

Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore ( Keith Abramson of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

The order that granted summary judgment to plaintiff against defendant Carmelo Scaffidi, upon reargument, was entered on defendant's default, which he never remedied (see e.g. Aurora Loan Servs., LLC v Ahmed, 122 A.D.3d 557 [2d Dept 2014]). No appeal lies from an order entered on default (CPLR 5511; HSBC Mtge. Corp. [USA] v MacPherson, 89 A.D.3d 1061 [2d Dept 2011]; Citibank, N.A. v Kallman...

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