Practice point: The order was not based on defendant's default but on the merits, after consideration of the parties' arguments. Therefore, defendant is an aggrieved party and may appeal the motion court's determination.
Student note: CPLR 5511 limits the right to appeal to aggrieved parties.
Case: Abushihadeh v. Bravo, NY Slip Op 05843 (2d Dep't August 24, 2016)
Here is the decision.
Tomorrow's issue: Dismissal based on the belated disclosure of a videotape.
