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MANRIQUE v. DELGADO

Docket No. 23879/15. Appeal No. 14114-14114A. Case No. 2020-04175.

195 A.D.3d 554 (2021)

146 N.Y.S.3d 471

2021 NY Slip Op 04085

Chris Manrique, Appellant, v. Luis R. Delgado, D.M.D., et al., Respondents, et al., Defendants.

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

Decided June 24, 2021.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP, New York ( Marcia K. Raicus of counsel), for appellant.

Fumuso, Kelly, Swart, Farrell, Polin & Christesen LLP, Hauppauge ( Scott G. Christesen of counsel), for Luis R. Delgado, D.M.D, respondent.

James E. Johnson , Corporation Counsel, New York ( Barbara Graves-Poller of counsel), for New York City Health & Hospitals Corp., respondent.

Concur—Gische, J.P., Webber, Oing, González, JJ.

Plaintiff may not appeal from these orders as they were entered upon his default (CPLR 5511). Plaintiff's proper recourse is to move to vacate his default and, if necessary, appeal from the denial of that motion (e.g. Squitieri v Kaufman, 193 A.D.3d 534 [1st Dept 2021]; Kamen v Weithorn, 83 A.D.3d 560, 561 [1st...

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