Yelena Nemirovsky v Mates Owners Corp., Mates Realty Assoc.

Yelena Nemirovsky v Mates Owners Corp., Mates Realty Assoc.

Motion No: 2007-00762 KC

Slip Opinion No: 2007 NYSlipOp 71154(U)

Decided on June 4, 2007

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., RIOS and BELEN, JJ.

NO. 2007-762 K C

YELENA NEMIROVSKY,

Respondent,

-against-

MATES OWNERS CORP., MATES REALTY ASSOC.,

Respondents,

-and-

TOBY SCHNEIDER and DONNA SCHNEIDER,

Third-Party Appellants.

DECISION

On the court's own motion, appeal dismissed.

The appeal is dismissed since no appeal lies by a defaulting party from a judgment entered on default.

Appellants, if they be so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.