The appeal from so much of the order dated August 7, 2024, as granted that branch of K.C.'s application which was pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against it on the ground that the plaintiff did not comply with the conditional order of preclusion must be dismissed, because that portion of the order did not decide a motion made on notice, pursuant to CPLR 5701[a][2], and leave to appeal from that portion of the order has not been granted.
Village's motion pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against it must be dismissed, because no appeal lies from an order entered upon the default of the appealing party, pursuant to CPLR 5511.
Chelsea Café Group, LLC v. K.C. Engg. & Land Surveying, P.C., NY Slip Op 04396 (2d Dep't July 15, 2026)
