275 Clermont, LLC v. Johnson

Summary

The Appellate Division, Second Department dismissed Cecelia Johnson’s appeal from a judgment declaring 275 Clermont, LLC the fee owner of real property. The court held that no appeal lies from a judgment entered upon the appellant’s default and declined to review issues that could have been raised in earlier appeals dismissed for failure to perfect.

Holdings

1. No appeal lies from a judgment entered upon the default of the appealing party.
2. The court declined to exercise its inherent discretion to review issues concerning earlier orders when those issues could have been raised in prior appeals that were dismissed for failure to perfect.

Questions Presented

1. Whether an appeal lies from a judgment entered upon the default of the appealing party.
2. Whether the Appellate Division should review challenges to earlier orders when those issues could have been raised in prior appeals that were dismissed for failure to perfect.

Disposition

dismissed