| Baez-Ferreira v Marte |
| 2011 NY Slip Op 05869 [86 AD3d 434] |
| July 7, 2011 |
| Appellate Division, First Department |
| Juan J. Baez-Ferreira, Respondent, v Luis A. Marte,Appellant, et al., Defendants. |
—[*1] Law Office of Ryan S. Goldstein, PLLC, Bronx (Ryan S. Goldstein of counsel), forrespondent.
Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered December 9,2010, which, insofar as appealed from as limited by the briefs, in an action for personal injuriessustained in a motor vehicle accident, granted plaintiff's motion for partial summary judgment onthe issue of liability as against defendant Marte on default, unanimously dismissed, withoutcosts, as taken from a nonappealable order.
The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d330 [2008]; CPLR 5511). Defendant's remedy was an application to the motion court tovacate the order (see Figiel at 330; CPLR 5015 [a] [1]).
However, were we to reach the merits we would affirm. Concur—Mazzarelli, J.P.,Catterson, DeGrasse, Abdus-Salaam and RomÁn, JJ.