| Progressive Northeastern Ins. Co. As Subrogee of Franklyn Morris v Fiduciary Ins. Co. of Am. |
| Motion No: 2012-02542 qc |
| Slip Opinion No: 2012 NY Slip Op 93766(U) |
| Decided on December 5, 2012 |
| 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Progressive Northeastern Insurance Company as Subrogee of Franklyn Morris, Respondent, v Fiduciary Insurance Company of America, Appellant. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered August 6, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies from a judgment entered pursuant to an order made upon the default of the appealing party (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk