Tosto v. Capital Investment Holdings, Inc. , 711 N.Y.S.2d 718 ( 2000 )

Appeal from judgment, Supreme Court, New York County, entered September 17, 1998, pursuant to CPLR 3215 (i) (1), unanimously dismissed, without costs, as taken from a nonappealable paper.

A judgment by confession is not appealable (see, Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C5511.-1, at 128). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Lerner, JJ.