Opinion
2006-1988 K C.
Decided September 29, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered September 6, 2006. The order granted defendant's cross motion to dismiss the complaint and denied as moot plaintiff's motion for summary judgment.
Appeal dismissed.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
Because plaintiff failed to submit opposition to defendant's cross motion, the order, which granted defendant's cross motion to dismiss on the ground that the action is barred by the statute of limitations, and denied as moot plaintiff's motion for summary judgment, was entered on default. No appeal lies from an order entered upon the default of the appealing party ( see CPLR 5511; Coneys v Johnson Controls, Inc. ,11 AD3d 576; Marino v Termini , 4 AD3d 342; Adamson v Evans, 283 AD2d 527 [2001]; Richmond Radiology, P.C. v State Farm Ins. Co. ,15 Misc 3d 142[A], 2007 NY Slip Op 51074[U] [App Term, 2d 11th Jud Dists 2007]; Ava Acupuncture P.C. v Greyhound Lines, Inc. ,14 Misc 3d 141[A], 2007 NY Slip Op 50356[U] [App Term, 2d 11th Jud Dists 2007]). Accordingly, the appeal is dismissed.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.