Kamco Supply Corp. v Nevada Constr. (2004 NY Slip Op 05548)

Kamco Supply Corp. v Nevada Constr.

2004 NY Slip Op 05548 [8 AD3d 196]

June 24, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2004

Kamco Supply Corp., Respondent,
v
Nevada Construction et al., Defendants, and Abcon Associates, Inc., et al., Appellants.

—[*1]Appeals from order and judgment, Supreme Court, New York County (Joan A. Madden, J.), entered April 7, 2003 and June 17, 2003, respectively, which, upon defendants-appellants' default in appearing, inter alia, granted plaintiff's motion for summary judgment on the fourteenth cause of action and entitled it to recover from defendants-appellants the total amount of $372,630.71, unanimously dismissed, with one bill of costs in favor of plaintiff, payable by defendants-appellants.

No appeal lies from either the order or the judgment appealed from, both papers having been entered in consequence of defendants-appellants' default in appearing (see CPLR 5511; Ross Bicycles, Inc. v Citibank, N.A., 134 AD2d 181 [1987]). Concur—Nardelli, J.P., Ellerin, Williams, Lerner and Catterson, JJ.