Calvagno v. Nationwide Mutual Fire Ins. Co.

Full title: MICHAEL CALVAGNO et al., Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1985

110 A.D.2d 741 (N.Y. App. Div. 1985)

Opinion

April 15, 1985

Appeal from the Supreme Court, Suffolk County (Orgera, J.).

Appeal dismissed, without costs or disbursements, and without prejudice to an application at Special Term for leave to vacate the default.

A party may not appeal from an order entered upon his default, the proper remedy being an application to vacate the default, made to the court which issued the order ( Montalvo v. Key Indus., 98 A.D.2d 767; Boylan v. Health Ins. Plan, 74 A.D.2d 835; Morse v. Morse, 67 A.D.2d 750). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.