| Central K. Laudromat, Inc. v Super Brite Kings Laundry, Inc. |
| Motion No: 2018-02219 KC |
| Slip Opinion No: 2018 NY Slip Op 90420(U) |
| Decided on November 26, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Central K. Laudromat, Inc., Respondent, v Super Brite Kings Laundry, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered July 27, 2018, or for alternative relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the final judgment was entered upon appellant's default in timely filing an answer (see CPLR 5511); and it is further,
ORDERED that appellant's motion is denied as moot.
Appellant's remedy, if so advised, is to move in the Civil Court to vacate the default final judgment and, if necessary, appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk