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Appellate Term, First Department · October 21, 2026 · 2026 NY Slip Op 51759[U]

Toyota Motor Credit Corp. v Linen

Read the official decision: 2026 NY Slip Op 51759[U]

Holding The appeal is dismissed as nonappealable because the order granting class certification was entered on default after the plaintiff failed to file opposition papers. The court held that the proper remedy was to move to vacate the default, not to seek reargument or appeal the underlying order directly.

The court’s words

the June 24, 2025 order was entered on default within the meaning of CPLR 5511 and is nonappealable

2026 NY Slip Op 51759[U], at the official text

Plaintiff's remedy was to move to vacate its default on the motion and, if that was denied, to appeal the order denying the motion to vacate

2026 NY Slip Op 51759[U], at the official text

A motion to reargue was not the proper remedy in these circumstances

2026 NY Slip Op 51759[U], at the official text
CourtAppellate Term, First Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 51759[U]
Area of lawCivil Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 51759[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1439

Recommended citation

ESQ HQ, New York Law Watch, Toyota Motor Credit Corp. v Linen, 2026 NY Slip Op 51759[U] (Appellate Term, First Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51759-u/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 21, 2026. Updated October 21, 2026.