275 CLERMONT, LLC v. JOHNSON

2019-06789. Index No. 503603/15.

208 A.D.3d 840 (2022)

174 N.Y.S.3d 434

2022 NY Slip Op 05070

275 Clermont, LLC, Respondent, v. Cecelia Johnson, Appellant, et al., Defendants.

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

Decided August 31, 2022.


Attorney(s) appearing for the Case

Frank Wharton, New York, NY, for appellant.

Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz of counsel), for respondent.

Iannacci, J.P., Zayas, Genovesi and Ford, JJ., concur.


Motion by the plaintiff, inter alia, to dismiss the appeal pursuant to CPLR 5511 on the grounds that no appeal lies from a judgment entered upon the default of the appealing party and that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal. By decision and order on motion of this Court dated April 9, 2021, the branch of the motion which is to dismiss the appeal was held in abeyance and referred to...

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