PEREZ v. NORMAN CAY GROUP LLC LAS LAP (2026)

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

Jaelis PEREZ, Plaintiff–Respondent, v. NORMAN'S CAY GROUP LLC doing business as LAS’ LAP et al., Defendants–Appellants.

5614

Decided: January 15, 2026

Kern, J.P., Scarpulla, Kapnick, Shulman, Hagler, JJ.

The Landau Group, PC, New York (Kevin Landau of counsel), for appellants. Igbokwe PLLC, New York (O. Williams Igbokwe of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Suzanne J. Adams, J.), entered on or about July 23, 2024, which denied defendants’ motion to dismiss plaintiff's discrimination claims under the New York State Human Rights Law (State HRL) and New York City Human Rights Law (City HRL), unanimously dismissed, without costs, as taken from a nonappealable order.

“No appeal lies from an order entered upon default of the appealing party” (Forest Walnut LLC v. Abizker, 224 A.D.3d 408, 409, 205 N.Y.S.3d 329 [1st Dept. 2024]; see also Spallone v. Spallone, 171 A.D.3d 527, 528, 98 N.Y.S.3d 43 [1st Dept. 2019], lv denied 33 N.Y.3d 910, 2019 WL 2629735 [2019]; 22 NYCRR 202.27[b]). Defendants moved to dismiss plaintiff's discrimination claims but failed to appear for oral argument on the motion. The proper procedure is for defendants to move to vacate the default, proffering a reasonable excuse and meritorious grounds for the motion (CPLR 5015[a][1]; Forest Walnut LLC, 224 A.D.3d at 409, 205 N.Y.S.3d 329).

We have considered defendants’ remaining arguments and find them unavailing.

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