| Nakagawa v Jiang |
| 2024 NY Slip Op 51815(U) [84 Misc 3d 135(A)] |
| Decided on December 6, 2024 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Shigeko Nakagawa, appellant pro se. Dian Z Jiang, respondent pro se (no brief filed).
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Betty Lugo, J.), entered April 26, 2023. The judgment, after an inquest, awarded defendant the principal sum of $1,900 on his counterclaim.
ORDERED that the appeal is dismissed.
In this small claims action, plaintiff sought $10,000 for medical expenses and defendant counterclaimed for $10,000 for harassment. Upon plaintiff's failure to appear for trial, an inquest was held on the counterclaim and a judgment was subsequently entered on April 26, 2023 in favor of defendant in the principal sum of $1,900.
As no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]), the appeal is dismissed.
TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.
ENTER: