NO APPEAL LIES FROM A DEFAULT DETERMINATION
After the New York County Civil Court granted Google’s motion to dismiss the case, on default, the plaintiff, T. Moore, appealed.
And on its review of the dispute, the Appellate Term, First Department, noted that since the dismissal motion went unopposed, Moore wasn’t “aggrieved,” and couldn’t appeal that determination.
It noted that Moore first had to move to vacate his default, and if that application were denied, he could then appeal.
Less isn’t certainly Moore.
# # #
DECISION