| Modikhan v Golden Touch Transportation of NY, Inc. |
| Motion No: 2024-04742 |
| Slip Opinion No: 2025 NY Slip Op 77276(U) |
| Decided on September 24, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M308102
AFA/
COLLEEN D. DUFFY, J.P.
WILLIAM G. FORD
DONNA-MARIE E. GOLIA
SUSAN QUIRK, JJ.
|
2024-04742 Ashmeen Modikhan, appellant, v Golden Touch Transportation of NY, Inc., defendant-respondent; Alan Nisselson, etc., nonparty-respondent. (Index No. 706339/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated March 29, 2024.
Motion by the appellant, inter alia, in effect, to take judicial notice of certain material and for summary reversal of the order. Cross-motion by the defendant-respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the cross-motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the cross-motion is otherwise denied; and it is further,
ORDERED that the motion is denied as academic.
DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court