Opinion
2010-689 K C
12-16-2011
Five Boro Psychological Services, P.C. as Assignee of DALE THOMPSON and SONIA REEVES, Appellant, v. Geico General Ins. Co., Respondent.
PRESENT: : , J.P., GOLIA and RIOS, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered August 17, 2009. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the appeal is dismissed.
No appeal lies from an order entered upon the default of the appealing party (CPLR 5511). Here, plaintiff neither submitted opposition to defendant's cross motionfor summary judgment dismissing the complaint nor otherwise addressed the issues raised in defendant's cross motion. Accordingly, the appeal is dismissed.
Weston, J.P., Golia and Rios, JJ., concur.