Biobalance Med. P.C. v. Dollar Rent a Car

Full title: Biobalance Medical, P.C. as Assignee of Dave Hart et al., Respondent, v…

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

Date published: Feb 22, 2012

2012 N.Y. Slip Op. 65700 (N.Y. App. Term 2012)

Opinion

2011-3270 K C

02-22-2012

Biobalance Medical, P.C. as Assignee of Dave Hart et al., Respondent, v. Dollar Rent A Car, Appellant.

MICHELLE WESTON

, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court the City of New York, Kings County, entered June 8, 2011.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies from an order entered 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