| Perez v Norman's Cay Group LLC |
| 2026 NY Slip Op 00222 [245 AD3d 543] |
| January 15, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jaelis Perez, Respondent, v Norman's Cay Group LLC, Doing Business as LAS' LAP, et al., Appellants. |
The Landau Group, PC, New York (Kevin Landau of counsel), for appellants.
Igbokwe PLLC, New York (O. Williams Igbokwe of counsel), for respondent.
Appeal
- Matters Appealable
- Order Entered on Default of Appealing Party
- Failure to Appeal
Appeal from order, Supreme Court, New York County (Suzanne J. Adams, J.), entered on or about July 23, 2024, which denied defendants' motion to dismiss plaintiff's discrimination claims under the New York State Human Rights Law (State HRL) and New York City Human Rights Law (City HRL), unanimously dismissed, without costs, as taken from a nonappealable order.
"No appeal lies from an order entered upon default of the appealing party" (Forest Walnut LLC v Abizker, 224 AD3d 408, 409 [1st Dept 2024]; see also Spallone v Spallone, 171 AD3d 527, 528 [1st Dept 2019], lv denied 33 NY3d 910 [2019]; 22 NYCRR 202.27 [b]). Defendants moved to dismiss plaintiff's discrimination claims but failed to appear for oral argument on the motion. The proper procedure is for defendants to move to vacate the default, proffering a reasonable excuse and meritorious grounds for the motion (CPLR 5015 [a] [1]; Forest Walnut LLC, 224 AD3d at 409).
We have considered defendants' remaining arguments and find them unavailing. Concur—Kern, J.P., Scarpulla, Kapnick, Shulman, Hagler, JJ.