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GOLDSTEIN v. SANDAVID ENTERPRISES, INC.

286 A.D.2d 221 (2001)

728 N.Y.S.2d 663

EMERICH GOLDSTEIN et al., Respondents, v. SANDAVID ENTERPRISES, INC., et al., Appellants.

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

Decided August 2, 2001.

Initially, only the October 21, 1999 order denying the motion to vacate the default is appealable, not the August 10, 1999 order granting the default (CPLR 5511; Matter of Monique Twana C., 246 A.D.2d 351). Although defendants failed to offer a reasonable excuse for their default, which was entered after the IAS court vacated a previous default, plaintiffs nevertheless were required to prove the actual damages alleged in the complaint...

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