IN RE: DIAMONDS R-US LTD. (2025)

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

IN RE: DIAMONDS R-US LTD., Petitioner-Respondent, v. RAFAELLO & COMPANY INC., et al., Respondents-Appellants, Gabriel Nektalov also known as Yaakov J. Nektalov, Respondent.

4459

Decided: May 29, 2025

Moulton, J.P., Friedman, Scarpulla, O'Neill Levy, Michael, JJ.

Pierce & Kwok LLP, New York (Aaron H. Pierce of counsel), for appellants. Altschul & Altschul, New York (Mark M. Altschul of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Eric Schumacher, J.), entered on or about July 25, 2024, which, to the extent appealed from, granted petitioner's petition to confirm the arbitration award rendered in petitioner's favor as against respondents-appellants Rafaello & Company Inc. and Rafael Khay also known as Rafaelkhay Aranbayev, unanimously dismissed, without costs.

No appeal lies from the July 25, 2024 order, as it was entered on default after appellants failed to submit opposition to petitioner's motion to confirm the arbitration award (see CPLR 5511; see e.g. Figiel v. Met Food, 48 A.D.3d 330, 330, 851 N.Y.S.2d 524 [1st Dept. 2008]). Appellants’ proper remedy is to move to vacate their default before the Justice who entered the default in Supreme Court, and, if that motion is denied, to appeal from the order denying the motion to vacate (see Figiel, 48 A.D.3d at 330, 851 N.Y.S.2d 524).

We have considered appellants’ remaining contentions and find them unavailing.

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