| Empire Furniture Usa, Inc. v Eduard Alexandrov |
| Motion No: 2011-00706 kc |
| Slip Opinion No: 2011 NY Slip Op 69955(U) |
| Decided on March 29, 2011 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Empire Furniture USA, Inc., Respondent, v Eduard Alexandrov Also Known as Edward Alexandrov, Individually, Appellant, and Favorite Furniture, Inc., Defendant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 10, 2011.
ORDERED that the motion is granted and the appeal is dismissed.
No appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate his default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk