[*1]
Starker v Citibank
2006 NYSlipOp 50131(U)
Decided on February 1, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-590 K C.

Oscar Starker, Appellant,

against

Citibank, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Jack M. Battaglia, J.), entered February 28, 2005. The order granted defendant's motion for summary judgment to the extent of dismissing the action without prejudice to an enforcement proceeding pursuant to CPLR article 52.


Appeal dismissed.

Plaintiff's failure to submit papers in opposition to defendant's motion for summary judgment constitutes a default, and no appeal lies from an order entered under such circumstances (see Viggiani v Grodotzke, 306 AD2d 273 [2003]; Najac v [*2]
George V. Marinello Used Trucks, Inc., 5 Misc 3d 128[A], 2004 NY Slip Op 51252[U] [App Term, 2d & 11th Jud Dists]; see also CPLR 5511).

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: February 01, 2006