February 19, 2015

An appeal from a judgment entered upon a default.

Practice point:  No appeal lies from a judgment entered upon a default of the appealing party, pursuant to CPLR 5511.

Student note: The appeal from the intermediate order was dismissed because the right to appeal therefrom terminated with the entry of judgment.

Case:  Anonymous v Nowicki, NY Slip Op 01228 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue: Perfecting an appeal by appendix.