June 29, 2021

Appellate practice.

The appeal from orders which granted defendants' motions to strike the complaint based on plaintiff's failure to provide court-ordered discovery was dismissed, as taken from nonappealable orders. Plaintiff may not appeal from these orders as they were entered upon his default, pursuant to CPLR 5511. Plaintiff's proper recourse is to move to vacate his default and, if necessary, appeal from the denial of that motion.

Manrique v. Delgado, NY Slip Op 04085 (1st Dep't June 24, 2021)

Here is the decision.