| Benitez v Wychoff Park Assn. |
| 2008 NY Slip Op 51107(U) [19 Misc 3d 144(A)] |
| Decided on May 27, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through June 9, 2008; it will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy
J. Dufficy, J.), entered April 13, 2007. The order granted defendants' motion to deem the
judgment satisfied and to lift all restraints against defendants' property.
Appeal dismissed.
Plaintiff failed to submit papers in opposition to defendants' motion which, inter
alia, sought to deem the judgment satisfied. No appeal lies from an order entered upon the default
of the appealing party (see CPLR 5511; Viggiani v Grodotzke, 306 AD2d
273 [2003]; Najac v George V.
Marinello Used Trucks, Inc., 5 Misc 3d 128[A], 2004 NY Slip Op 51252[U] [App
Term, 2d & 11th Jud Dists 2004]). Plaintiff's remedy, if she be so advised, is to move in the court
below to vacate the order entered on default.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.