Kates, Dani, et al. v Meyer, Sally, et al.



Kates, Dani, et al. v Meyer, Sally, et al.
Motion No: 570458/07
Slip Opinion No: 2007 NYSlipOp 74209(U)
Decided on July 26, 2007
Appellate Term, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



July 26, 2007

Kates, Dani, et al. v Meyer, Sally, et al.

It is Ordered that the motion for a stay is denied. Since the judgment was entered after inquest, no direct appeal lies ( see CPLR § 5511 ). The proper procedure is to move to vacate the judgment and , if unsuccessful, to appeal the denial of the motion to vacate the default.

By: McKeon, P.J., Davis, Heitler, J.J.

Motion No. 570458/07