| Silverman v The Tile Gallery, Inc. |
| Motion No: 2017-02317 |
| Slip Opinion No: 2017 NY Slip Op 74506(U) |
| Decided on May 19, 2017 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M231397
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-02317 Andrew Silverman, et al., plaintiffs-respondents, v The Tile Gallery, Inc., appellant, Marble Systems, Inc., defendant-respondent. (Index No. 63039/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 31, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court