[*1]
Ava Acupuncture P.C. v Greyhound Lines, Inc.
2007 NY Slip Op 50356(U) [14 Misc 3d 141(A)]
Decided on February 16, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2005-1167 K C.

Ava Acupuncture P.C. a/a/o Tatiana Fuss, Appellant,

against

Greyhound Lines, Inc., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered March 2, 2005. The order granted defendant's motion for summary judgment dismissing the complaint.


Appeal dismissed.

Plaintiff did not file opposition papers to defendant's motion for summary judgment. Thus, the appeal from the order granting defendant's motion is dismissed because the order is entered on default and no appeal lies therefrom (see DaimlerChrysler Servs. N. Am. LLC v Mazza, 13 Misc 3d 140[A], 2006 NY Slip Op 52252[U] [App Term, 2d & 11th Jud Dists]; 301 Oriental Blvd. LLC v Rovner, 5 Misc 3d134[A], 2004 NY Slip Op 51480[U] [App Term, 2d & 11th Jud Dists]). It is of no consequence that oral arguments were made on the motion since said arguments would have been unsworn and are of no evidentiary value (see Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; 301 Oriental Blvd. LLC v Rovner, 5 Misc 3d 134[A], 2004 NY Slip Op 51480[U], supra; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]).

Pesce, P.J., Weston Patterson and Golia, JJ., concur. [*2]
Decision Date: February 16, 2007