LW HOLDCO LLC v. Mark Haney, et al., Defendants. (2024)

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

LW HOLDCO V LLC, Plaintiff–Respondent, v. Kelly PULS, Defendant–Appellant, Mark Haney, et al., Defendants.

2776

Decided: October 10, 2024

Kern, J.P., Oing, Kennedy, Higgitt, Michael, JJ.

Levy Goldenberg LLP, New York (Adam M. Birnbaum of counsel), for appellant. Holwell Shuster & Goldberg LLP, New York (Scott M. Danner of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered August 1, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for sanctions to the extent of striking defendant's answer, unanimously dismissed, without costs, as taken from a nonappealable order.

Plaintiff's motion for sanctions was granted on default and, therefore, was nonappealable (CPLR 5511; see also Wilmington Sav. Fund Socy., FSB v. Zimmerman, 31 N.Y.3d 1135, 1136, 81 N.Y.S.3d 359, 106 N.E.3d 742 [2018]). Defendant's one-page email to plaintiff's counsel discussing various housekeeping issues, with a mention of the pending discovery dispute, which was never filed, did not constitute opposition to the motion for sanctions. Nor did it comply with the court's order to respond to the motion.

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