The appellant seeks to argue the merits of the complaint and defendants' cross claims. However, the complaint was stricken for discovery violations and a default judgment was entered on the cross claims. Having failed to move to vacate the default on the cross claims, the appellant is deemed to have admitted all factual allegations contained therein. Consequently, the appellant's arguments are not properly before the Appellate Division and the order appealed from is affirmed.
Honghui Kuang v. MetLife, NY Slip Op 04908 (2d Dep't September 1, 2021)
Tomorrow's issue: Leave to amend a pleading.
