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JACKSON v. JACKSON

7 A.D.3d 404 (2004)

776 N.Y.S.2d 477

MARTIN JACKSON, Appellant, v. JoANN JACKSON, Also Known as JoANN BURDIERI, Respondent.

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

May 18, 2004.

No appeal lies from the March 14 order since it was entered upon plaintiff's default (CPLR 5511). Plaintiff's appeal from that part of the May 6 order as denied his motion to reargue and renew the March 14 order must also be dismissed. Plaintiff's remedy for the March 14 order was not a motion to reargue and renew the very issues that the motion court never reached because of his default, in particular, the correct calculation of arrears, but a motion to vacate his default...

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