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LEWIS v. 470-86 TRE REALTY CORP.

277 A.D.2d 22 (2000)

716 N.Y.S.2d 293

JANE H. G. LEWIS et al., Respondents, v. 470-86 TRE REALTY CORP., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 2, 2000.

In view of defendant's default in answering, the only appealable paper is the order denying its motion to vacate the default. Assuming such relief is not precluded as a matter of law by defendant's three-year delay in making its motion therefor measured from the time it received notice of the order appointing a Referee to compute (see, CPLR 5015 [a] [1]; Nahmani v Town of Ramapo, 262 A.D.2d 291

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