| Old Town Bldrs., LLC v Yasniri Espinal & Two Roses Events, Inc. |
| Motion No: 2019-00948 KC |
| Slip Opinion No: 2019 NY Slip Op 75956(U) |
| Decided on July 12, 2019 |
| 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
| Old Town Builders, LLC, Respondent, v Yasniri Espinal and Two Roses Events, Inc., Appellants, and Erick Jiminian, Tenant. |
Motion by appellants 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 May 31, 2019, pursuant to an order of that court dated May 31, 2019 granting an unopposed motion by respondent for summary judgment.
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 no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that appellants' motion is denied as academic.
Appellants' remedy, if they be so advised, is to move in the Civil Court for relief from the order and final judgment and, if necessary, appeal from the determination of that motion, as this court cannot consider the claims made in support of appellants' motion, which are dehors the record on appeal.
ENTER:
Paul Kenny
Chief Clerk