ASKINS v. SANTOS (2026)

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

Delroy ASKINS, Plaintiff–Appellant, v. Marlene SANTOS, Defendant–Respondent.

5836

Decided: February 17, 2026

Moulton, J.P., Friedman, González, O'Neill Levy, Chan, JJ.

Delroy Askins, appellant pro se. Marlene Santos, respondent pro se.

Appeal from order, Supreme Court, New York County (Suzanne Adams, J.), entered on or about July 31, 2024, which granted defendant's motion to dismiss the complaint on default, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies from an order entered on default (CPLR 5511; see Matter of Colon v. Delgado, 106 A.D.3d 414, 415, 963 N.Y.S.2d 663 [1st Dept 2013]). Plaintiff's remedy was to move to vacate his default, in which event he would be required to demonstrate both a reasonable excuse for the default and a meritorious claim (see French v. NYS Dept. of Labor, 231 A.D.3d 620, 620, 218 N.Y.S.3d 620 [1st Dept 2024]; Matter of Lenea'jah F. [Makeba T.S.], 105 A.D.3d 514, 514, 963 N.Y.S.2d 105 [1st Dept 2013]).

We have considered plaintiff's remaining arguments and find them unavailing.

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Out of date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