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SS Med. Care, P.C. v. 21st Century Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 7, 2012
2012 N.Y. Slip Op. 76280 (N.Y. App. Div. 2012)

Opinion

2012-910 K C

06-07-2012

SS Medical Care, P.C. as Assignee of Asher Campbell, Respondent, v. 21st Century Insurance Company, Appellant.


, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 16, 2011.

On the court's own motion, it is

ORDERED that the appeal is dismissed as no appeal lies from an order made upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate its default and, if necessary, appeal from the order determining the motion to vacate (id.).

ENTER:

Paul Kenny

Chief Clerk


Summaries of

SS Med. Care, P.C. v. 21st Century Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 7, 2012
2012 N.Y. Slip Op. 76280 (N.Y. App. Div. 2012)
Case details for

SS Med. Care, P.C. v. 21st Century Ins. Co.

Case Details

Full title:SS Medical Care, P.C. as Assignee of Asher Campbell, Respondent, v. 21st…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jun 7, 2012

Citations

2012 N.Y. Slip Op. 76280 (N.Y. App. Div. 2012)