| Beizer v Ioannou |
| 2014 NY Slip Op 50694(U) [43 Misc 3d 137(A)] |
| Decided on April 30, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from (1) an order of the Civil Court of the City of New York,
New York County (Margaret A. Chan, J.), entered March 1, 2012, which granted
plaintiff's motion for summary judgment, and (2) a judgment (same court and Judge),
entered April 19, 2012, in favor of plaintiff in the principal sum of $124,416.93, plus
attorneys' fees in the sum of $101,625.
Per Curiam.
Appeals from order and judgment (Margaret A. Chan, J.), entered, respectively, March 1, 2012 and April 19, 2012, dismissed, without costs.
Inasmuch as defendants-appellants failed to submit opposition papers to the
underlying motion, the resulting order and judgment were entered upon defendants'
default within the meaning of CPLR 5511 and are therefore nonappealable (see
Benitez v Olson, 29 AD3d 503 [2006] Fox v T.B.S.D., 278 AD2d 612
[2000], lv denied, 96 NY2d 716 [2001]). Defendants' remedy was to move to
vacate the default and, if unsuccessful, to appeal the denial of that motion (see Figiel
v Met. Food, 48 AD3d 330 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 30, 2014