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ARMIN A. MEIZLIK CO. INC. v. L&K JEWELRY INC.

1786N, 602296/06, 1787N

68 A.D.3d 530 (2009)

2009 NY Slip Op 9285

889 N.Y.S.2d 453

ARMIN A. MEIZLIK CO. INC. et al., Respondents, v. L&K JEWELRY INC. et al., Appellants. (And a Third-Party Action.)

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

Decided December 15, 2009.

The May 23 order granting plaintiff's CPLR 3126 motion was one entered on default within the meaning of CPLR 5511 and is nonappealable (see Fox v T.B.S.D., Inc, 278 A.D.2d 612, 613-614 [2000], lv denied 96 N.Y.2d 716 [2001]; Benitez v Olson, 29 A.D.3d 503 [2006]; see also Figiel v Met Food, 48 A.D.3d 330 [2008]).

Defendants' motion...

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