Opinion
2007-721 Q C.
Decided May 27, 2008.
Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered April 13, 2007. The order granted defendants' motion to deem the judgment satisfied and to lift all restraints against defendants' property.
Appeal dismissed.
PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.
Plaintiff failed to submit papers in opposition to defendants' motion which, inter alia, sought to deem the judgment satisfied. No appeal lies from an order entered upon the default of the appealing party ( see CPLR 5511; Viggiani v Grodotzke, 306 AD2d 273; Najac v George V. Marinello Used Trucks, Inc. , 5 Misc 3d 128[A], 2004 NY Slip Op 51252[U] [App Term, 2d 11th Jud Dists 2004]). Plaintiff's remedy, if she be so advised, is to move in the court below to vacate the order entered on default.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.