| Marie C. Exea v Marissa F. Dwarica |
| Motion No: 2020-00232 KC |
| Slip Opinion No: 2020 NY Slip Op 62878(U) |
| Decided on February 7, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Marie C. Exea, Appellant, v Marissa F. Dwarica, Respondent. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered November 12, 2019, upon appellant's failure to proceed to trial.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).
Appellant's remedy, if she be so advised, is to move to vacate the default judgment and, if necessary, appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk