Appeal from a judgment of the Civil Court of the City of New York, Kings County (Laura Lee Jacobson, J.), entered February 25, 2000. The judgment, insofar as appealed from, awarded plaintiff the principal sum of $6,600 as against defendant Pessy Schweid.

Appeal dismissed.

Plaintiff commenced the instant action to recover, inter alia, the cost of repairs he made to his apartment. Judgment was subsequently entered in favor of plaintiff in the principal sum of $6,600 and defendant Pessy Schweid now appeals from said judgment. A review of the record reveals that defendant Pessy Schweid failed to serve and file an answer, and only defendant S & B Realty appeared at trial. Accordingly, the judgment, insofar as it was against defendant Pessy Schweid, was entered on default. It is well settled that no appeal lies from a judgment entered upon the appealing party's default (see CPLR 5511; Allied Builders v Banjoku, 6 Misc 3d 130[A], 2005 NY Slip Op 50075[U] [App Term, 2d & 11th Jud Dists]; Rutland Rd. Assoc. v Charles, 5 Misc 3d 130[A], 2004 NY Slip Op 51298[U] [App Term, 2d & 11th Jud Dists]). Accordingly, the instant appeal is dismissed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: July 3, 2006