Perez v. Norman's Cay Group LLC Doing Business as LAS' LAP et al.

Summary

The Appellate Division, First Department dismissed defendants’ appeal from an order denying their motion to dismiss discrimination claims under the New York State and New York City Human Rights Laws. The court held that the order was nonappealable because defendants failed to appear for oral argument and therefore defaulted, directing them to seek vacatur of the default by showing a reasonable excuse and meritorious grounds.

Holdings

1. An appeal does not lie from an order entered upon the default of the appealing party.
2. A party seeking relief from an order entered upon its default must move to vacate the default and establish a reasonable excuse and potentially meritorious grounds.

Questions Presented

1. Whether defendants could appeal from an order entered upon their default after they failed to appear for oral argument on their motion to dismiss.
2. Whether defendants' remaining appellate arguments warranted relief.

Disposition

dismissed