Najac v. George V. Marinello Used Trucks, Inc.

Full title: GARY NAJAC, Appellant, v. GEORGE. MARINELLO USED TRUCKS, INC., Respondent

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

Date published: Oct 20, 2004

2004 N.Y. Slip Op. 51252 (N.Y. App. Term 2004)

Opinion

2004-16 KC.

Decided October 20, 2004.

Appeal by plaintiff from an order of the Civil Court, Kings County (S. Krauss, J.), entered November 17, 2003, which granted, on default, defendant's motion to vacate a judgment.

Appeal unanimously dismissed.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

Plaintiff failed to submit any papers in opposition to defendant's motion to vacate the judgment entered pursuant to the parties' stipulation of settlement, after defendant allegedly failed to make the payments required by the stipulation. Thus, defendant's motion was granted on default. Inasmuch as no appeal lies from an order entered upon the default of the appealing party ( see CPLR 5511; Viggiani v. Grodotzke, 306 AD2d 273), the instant appeal by plaintiff must be dismissed.