Alberto B. Abreu v Michael Roth d/b/a Roadtow, Inc.

Alberto B. Abreu v Michael Roth d/b/a Roadtow, Inc.

Motion No: 2007-00594 QC

Slip Opinion No: 2007 NYSlipOp 72623(U)

Decided on June 21, 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. 2007-594 Q C

ALBERTO B. ABREU,

Plaintiff,

-against-

MICHAEL ROTH d/b/a ROADTOW, INC.,

Defendant.

DECISION

Motion by defendant for leave to file a late notice of appeal is denied (see CPLR 5513 [a]; 5514).

No appeal lies by a defaulting party from a judgment entered on default. Movant, if he 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.