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Najac v George V. Marinello Used Trucks, Inc.
2004 NY Slip Op 51252(U)
Decided on October 20, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2004-16 K C

GARY NAJAC, Appellant,

against

GEORGE . MARINELLO USED TRUCKS, INC., Respondent.


Appeal by plaintiff from an order of the Civil Court, Kings County (S. Krauss, J.), entered November 17, 2003, which granted, on default, defendant's motion to vacate a judgment.


Appeal unanimously dismissed.

Plaintiff failed to submit any papers in opposition to defendant's motion to vacate the judgment entered pursuant to the parties' stipulation of settlement, after defendant allegedly failed to make the payments required by the stipulation. Thus, defendant's
motion was granted on default. Inasmuch as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Viggiani v Grodotzke, 306 AD2d 273 [2003]), the instant appeal by plaintiff must be dismissed.
Decision Date: October 20, 2004