Maltsev v. New York City Tr. Auth.

Full title: VICTOR MALTSEV, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 29, 2008

2008 N.Y. Slip Op. 50504 (N.Y. App. Term 2008)

Opinion

2007-215 K C.

Decided February 29, 2008.

Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered July 13, 2006. The order granted defendant's motion to dismiss the claim.

Appeal dismissed.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

Plaintiff failed to submit any papers in opposition to defendant's motion to dismiss the claim. Thus, defendant's motion was granted on default. Since a party may not appeal from an order entered upon his default ( see CPLR 5511; Viggiani v Grodotzke, 306 AD2d 273), the instant appeal by plaintiff must be dismissed.

Pesce, P.J., Golia and Rios, JJ., concur.