| Soft Touch Acupuncture, P.C., As Assignee of Theresa Ward v Country Wide Ins. Co. |
| Motion No: 2016-02319 QC |
| Slip Opinion No: 2016 NY Slip Op 89936(U) |
| Decided on October 17, 2016 |
| 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
| Soft Touch Acupuncture, P.C., as Assignee of Theresa Ward, Respondent, v Country Wide Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 27, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). In addition, the order was superseded by an order of the same court dated May 26, 2016, which order has been separately appealed.
ENTER:
Paul Kenny
Chief Clerk