Opinion
No. 571318/23
02-15-2024
Teddy Moore, Plaintiff-Appellant, v. Google LLC, Defendant-Respondent.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
PER CURIAM.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Emily Morales-Minerva, J.), entered November 29, 2022, which, upon renewal, granted defendant's motion to dismiss the complaint pursuant to CPLR § 3211(a)(7).
Appeal from order (Emily Morales-Minerva, J.), entered November 29, 2022, dismissed, without costs, as taken from nonappealable paper.
Since plaintiff did not oppose defendant's motion to dismiss the complaint, he is not aggrieved by the grant of the motion and may not appeal from it (see CPLR 5511; Leader v Parkside Group, 159 A.D.3d 523 [2018]). Plaintiff's remedy was to move to vacate his default in the motion court and, if his motion was denied, to appeal the order denying the motion (see Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin v Mazzella, 262 A.D.2d 15 [1999]).
I concur