No appeal lies from an order entered upon default of the appealing party. Defendants moved to dismiss plaintiff's discrimination claims but failed to appear for oral argument on the motion. The proper procedure is for defendants to move to vacate the default, proffering a reasonable excuse and meritorious grounds for the motion, pursuant to CPLR 5015[a][1].
Perez v. Norman's Cay Group, LLC, NY Slip Op 00222 (1st Dep't January 15, 2026)
