Kamen v Weithorn
2011 NY Slip Op 03183 [83 AD3d 560]
April 21, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


William Kamen et al., Respondents,
v
Keith Weithorn, Appellant.

[*1] Sunshine & Feinstein, LLP, Garden City, (Paula Schwartz Frome of counsel), for appellant.

Quirk and Bakalor, P.C., New York (Carter A. Reich of counsel), for respondents.

Appeal from judgment, Supreme Court, New York County (Ira S. Gammerman, J.H.O.), entered March 18, 2010, which, upon defendant's default, granted plaintiffs' motion for summary judgment in lieu of complaint, unanimously dismissed, with costs, as taken from a nonappealable judgment.

Since the judgment appealed from was granted on default, no appeal lies therefrom. Defendant's remedy is an application to the rendering court to vacate the judgment, if not otherwise time barred (see CPLR 5511, 5015; Armin A. Meizlik Co. Inc. v L&K Jewelry Inc., 68 AD3d 530 [2009]). Concur—Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and RomÁn, JJ.