ZHANG v. MASTERCARD INC (2024)

Supreme Court, Appellate Division, First Department, New York.

Peitian ZHANG, Plaintiff–Appellant, v. MASTERCARD INC., et al., Defendants–Respondents.

2372

Decided: May 28, 2024

Singh, J.P., Kennedy, Rodriguez, Pitt–Burke, Michael, JJ.

Peitian Zhang, appellant pro se.

Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), dated April 5, 2023, which, inter alia, granted, on default, defendant Industrial and Commercial Bank of China's (ICBC) motion to dismiss the complaint against it, unanimously dismissed, without costs.

Plaintiff's appeal from the court's order dated April 5, 2023, was untimely as it was dated and filed more than 30 days after defendant ICBC's April 7, 2023 notice of entry (see 22 NYCRR 202.5–b[b]; CPLR 5513[a]; Avgush v. Jerry Fontan, Inc., 167 A.D.3d 484, 89 N.Y.S.3d 173 [1st Dept. 2018]; Retta v. 160 Water St. Assoc., L.P., 94 A.D.3d 623, 942 N.Y.S.2d 525 [1st Dept. 2012]). In any event, no appeal lies from the April 5, 2023 order as it was entered on default after plaintiff failed to submit opposition to defendant ICBC's motion to dismiss. Under the circumstances, plaintiff's legal recourse was to move to vacate the default (see Forest Walnut LLC v. Abizker, 224 A.D.3d 408, 205 N.Y.S.3d 329 [1st Dept. 2024]; Helm v. PHH Mtge. Corp., 193 A.D.3d 420, 147 N.Y.S.3d 1 [1st Dept. 2021]).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network