Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered May 5, 2005. The order granted defendant's motion to dismiss the action.

Appeal dismissed.

Plaintiff brought the instant action against the City of New York to recover damages for personal injuries allegedly sustained in an accident which occurred on January 2, 2002. Her notice of claim was served on or about April 12, 2002, and her summons and endorsed complaint, dated November 29, 2004, were served on or about December 8, 2004.

Inasmuch as plaintiff did not file opposition papers to defendant's motion, plaintiff's appeal from the order granting defendant's motion must be 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 3d 134[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]). In any event, even if this matter were properly [*2]before us, plaintiff's arguments are without merit as she failed to timely serve her notice of claim and commence the action within the statutory limitations periods (General Municipal Law §§ 50-e, 50-i).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: March 28, 2007