Opinion
No. 5516.
July 7, 2011.
Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered December 9, 2010, which, insofar as appealed from as limited by the briefs, in an action for personal injuries sustained in a motor vehicle accident, granted plaintiffs motion for partial summary judgment on the issue of liability as against defendant Marte on default, unanimously dismissed, without costs, as taken from a nonappealable order.
Skenderis Cornacchia P.C., Long Island City (Louis T. Cornacchia of counsel), for appellant.
Law Office of Ryan S. Goldstein, PLLC, Bronx (Ryan S. Goldstein of counsel), for respondent.
Before: Concur — Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and Roman, JJ.
The appeal is dismissed because no appeal lies from an order granted on default ( see Figiel v Met Food, 48 AD3d 330; CPLR 5511). Defendant's remedy was an application to the motion court to vacate the order ( see Figiel at 330; CPLR 5015 [a] [1]).
However, were we to reach the merits we would affirm.