| Eagle Surgical Supply, Inc. As Assignee of Rocio Luengas v Country-wide Ins. Co. |
| Motion No: 2013-02643 kc |
| Slip Opinion No: 2013 NY Slip Op 95549(U) |
| Decided on December 30, 2013 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Eagle Surgical Supply, Inc. as Assignee of Rocio Luengas, Appellant-Respondent, v Country-Wide Insurance Company, Respondent-Appellant. |
Cross appeal by respondent-appellant from an order of the Civil Court of the City of New York, Kings County, entered July 27, 2012.
On the court's own motion, it is
ORDERED that the cross appeal is dismissed on the ground that respondent-appellant submitted no papers in opposition to the motion of appellant-respondent giving rise to the order being appealed; thus, the order is deemed entered on the default of respondent-appellant and is not appealable by it (see CPLR 5511; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]).
ENTER:
Paul Kenny
Chief Clerk