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
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 51759[U] |
| Area of law | Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51759[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1439 |
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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