Opinion
Submitted April 26, 2000.
June 12, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 16, 1999, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it, upon the plaintiff's default in opposing the motion.
Mark A. Longo, Brooklyn, N.Y. (Michelle Incandela of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default and vacate the order dated June 16, 1999, and if necessary, appeal from the denial of the motion to vacate (see, Grober v. Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552; Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741).