No Appeal from an Order or Judgment Entered on Default

On March 29, 2023, the Second Department issued a decision in Nationstar Mtge., LLC v. Warsi, 2023 NY Slip Op. 01683, holding that there is no appeal from an order of judgement entered on default, explaining:

No appeal lies from an order entered upon the default of the appealing party. Here, contrary to the appellant’s contention, his failure to appear at the hearing to determine the validity of service of process constituted a default. As such, the appeal must be dismissed.

(Internal citations omitted0.

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