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YES CONTRACTING INC. v. CLST ENTERPRISES LLC

Index No. 654078/15. Appeal No. 13603N. Case No. 2020-03168.

193 A.D.3d 535 (2021)

147 N.Y.S.3d 12

2021 NY Slip Op 02351

Yes Contracting Inc., Respondent, v. CLST Enterprises LLC et al., Appellants, et al., Defendants.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Gordon & Gordon, PC., Brooklyn ( Jason S. Matuskiewicz of counsel), for appellants.

Welby, Brady & Greenblatt, LLP, White Plains ( Geoffrey S. Pope of counsel), for respondent.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.

Contrary to plaintiff's contention, the order denying defendants' motion to vacate the order striking defendants' answer and counterclaims and entering default judgment is appealable. Since the underlying order was decided upon defendants default, that order was not itself appealable (CPLR 5511), and the proper procedure was for defendants to move to vacate pursuant to CPLR 5015 (see Kamen v Weithorn, 83 A.D.3d 560 [1st Dept 2011...

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