885 887 CAULDWELL LLC v. Rafael M. Santos also known as Rafael M. Pantoja, Defendant-Appellant. (2026)

Appeal from judgment, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about January 30, 2025, granting the declarations and injunctions demanded in the verified complaint based on defendants’ failure to interpose an answer to the complaint, unanimously dismissed, without costs, as taken from a nonappealable paper.  On this Court's own motion, the matter is remanded to Supreme Court for determination of costs and/or sanctions to be assessed against defendant Rafael M. Santos, also known as Rafael M. Pantoja (Pantoja), and/or his counsel on this appeal in connection with Pantoja's prosecution of this appeal (Rules of Chief Admr of Cts [22 NYCRR] §§ 130–1.1, 130–1.2).

No appeal lies from a judgment entered upon a party's default (see CPLR 5511;  Citibank, N.A. v. Kallman, 172 A.D.3d 489, 489, 97 N.Y.S.3d 863 [1st Dept. 2019]).  “The proper procedure was to move to vacate the default and, if necessary, appeal from the denial of that motion” (Squitieri v. Kaufman, 193 A.D.3d 534, 534, 142 N.Y.S.3d 342 [1st Dept. 2021]).

We agree with plaintiff that this appeal was frivolous as it both was “completely without merit in law and [could] not be supported by a reasonable argument for an extension, modification or reversal of existing law” and “assert[ed] material factual statements that are false” (22 NYCRR 130–1.1[c][1]), [c][3]).  Accordingly, we remit the matter to Supreme Court for a determination as to the amount of costs and/or sanctions to be imposed in connection with Pantoja's prosecution of this appeal (see Yenom Corp. v. 155 Wooster St. Inc., 33 A.D.3d 67, 75, 818 N.Y.S.2d 210 [1st Dept. 2006]).