| Strickon v Norwegian Cruise Line Ltd. |
| 2008 NY Slip Op 52309(U) [21 Misc 3d 139(A)] |
| Decided on November 18, 2008 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of Civil Court of the City of New York, New York County,
(Matthew F. Cooper, J.), entered July 31, 2007, which granted defendant's motion for summary
judgment dismissing the complaint upon plaintiff's failure to appear in court on the return date of the
motion.
Per Curiam.
Appeal from order (Matthew F. Cooper, J.) entered July 31, 2007, dismissed, without costs, as taken from a nonappealable order.
No appeal lies from an order, such as this, entered on default of the aggrieved party (see
CPLR 5511; Seinfeld v Robinson, 12 AD3d 218 [2004]), here the plaintiff. In any event,
were the appeal properly before us, we would affirm
(see Lerner v Karageorgis Lines, 66 NY2d 479 [1985]).
This constitutes the decision and order of the court.
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Decision Date: November 18, 2008