LW Holdco V LLC v Puls
2024 NY Slip Op 05026 [231 AD3d 519]
October 10, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 11, 2024


[*1]
 LW Holdco
v
LLC, Respondent, v Kelly Puls, Appellant, et al., Defendants.

Levy Goldenberg LLP, New York (Adam M. Birnbaum of counsel), for appellant.

Holwell Shuster & Goldberg LLP, New York (Scott M. Danner of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered August 1, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for sanctions to the extent of striking defendant's answer, unanimously dismissed, without costs, as taken from a nonappealable order.

Plaintiff's motion for sanctions was granted on default and, therefore, was nonappealable (CPLR 5511; see also Wilmington Sav. Fund Socy., FSB v Zimmerman, 31 NY3d 1135, 1136 [2018]). Defendant's one-page email to plaintiff's counsel discussing various housekeeping issues, with a mention of the pending discovery dispute, which was never filed, did not constitute opposition to the motion for sanctions. Nor did it comply with the court's order to respond to the motion. Concur—Kern, J.P., Oing, Kennedy, Higgitt, Michael, JJ. [Prior Case History: 79 Misc 3d 1234(A), 2023 NY Slip Op 50799(U).]