Opinion
No. 2020-02642 Index No. 705029/16
08-10-2022
Vincent Cortazar, etc., respondent, v. James Cortazar, etc., et al., appellants.
Courtney A. Bihn, New York, NY, for appellants. White, Cirrito, Nally & Lynch, LLP, Hempstead, NY (Christopher M. Lynch of counsel), for respondent.
Courtney A. Bihn, New York, NY, for appellants.
White, Cirrito, Nally & Lynch, LLP, Hempstead, NY (Christopher M. Lynch of counsel), for respondent.
VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of fiduciary duty, the defendants appeal from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), dated August 5, 2019. The order granted the plaintiff's unopposed application for an award of attorneys' fees and disbursements to the extent of awarding him attorneys' fees in the sum of $85,000 and disbursements in the sum of $6,922.21.
ORDERED that the appeal is dismissed, with costs.
The defendants failed to submit papers to the Supreme Court in opposition to the plaintiff's application for an award of attorneys' fees and disbursements, and the application was granted on default. Since the order appealed from was entered upon the defendants' default, the appeal must be dismissed (see CPLR 5511; J.F.J. Fuel, Inc. v Tran Camp Contr. Corp., 105 A.D.3d 908; DiNozzi v DiNozzi, 74 A.D.3d 866).
BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.