General

Caterina Paone, Individually and as Administratrix of the Estate of Giusseppe Paone, Deceased, Respondent, v. Long Island Railroad Co., Inc., Defendant, and Mastro Construction Corp. et al., Appellants

7 A.D.2d 1010·New York Supreme Court, Appellate Division·1959·NY

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Opinion

Caterina Paone, Individually and as Administratrix of the Estate of Giusseppe Paone, Deceased, Respondent, v. Long Island Railroad Co., Inc., Defendant, and Mastro Construction Corp. et al., Appellants. [MAJORITY] Motion to dismiss appeal granted, without costs, and appeal dismissed. A party may not appeal from an order made upon his default (Civ. Prac. Act, § 557, subd. 1; Burn v. Coyle, 258 App. Div. 618, affd. 284 N. Y. 789; Matter of Conklin [Speo-ry], 7 A D 2d 743). Present — Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ.