Practice point: No appeal lies from a default judgment, or its underlying order.
Practitioners should note that the appeal of an order will be dismissed if the issue raised therein was raised in a prior appeal of another order, and that appeal was dismissed for failure to prosecute.
Case: Salomon v. Angsten, NY Slip Op 05178 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Contracts.
