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HILTON WIENER, LLC v. ANDERSON

Index No. 650858/19. Appeal No. 15623. Case No. 2021-00719.

203 A.D.3d 659 (2022)

163 N.Y.S.3d 799

2022 NY Slip Op 02195

Hilton Wiener, LLC, Respondent, v. Lowell Anderson, Appellant.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Steven G. Legum , Mineola, for appellant.

Paul T. Vink, P.C., White Plains ( Paul T. Vink of counsel), for respondent.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

No appeal lies from an order entered upon the default of the appealing party (see Matter of Derick B. v Catherine L., 155 A.D.3d 511, 512 [1st Dept 2017]). Although defendant argues that the default was improperly entered against him before the scheduled return date of the motion, once Supreme Court granted the motion, defendant should have moved to vacate the default. Given the procedural posture, defendant was required to make...

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