Opinion
2005-748 Q C.
Decided March 27, 2006.
Appeal from an order of the Civil Court of the City of New York, Queens County (Howard G. Lane, J.), entered January 11, 2005. The order granted defendant's motion to dismiss the action.
Appeal dismissed.
PRESENT: GOLIA, J.P., RIOS and BELEN, JJ
On November 23, 2004, plaintiff commenced the instant small claims action against defendant, "NYC Transit" (i.e., the New York City Transit Authority), to recover the sum of $4,950 for property damage as a result of an incident which occurred on July 10, 2003. Defendant moved to dismiss on the ground that the action was not commenced within the statute of limitations period as prescribed by Public Authorities Law § 1212 (2), which required commencement of the action within 1 year and 90 days after the occurrence of the event upon which the claim was based. Since plaintiff failed to submit written opposition to defendant's motion, the order granting the motion was entered on default and no appeal lies therefrom ( see Super Laundry Equip. Corp. v. Ditmar Bakr Laundromat, 232 AD2d 476; Smith-Reyes v. Moreland, 5 Misc 3d 132 [A], 2005 NY Slip Op 51424[U] [App Term, 2d 11th Jud Dists]). Accordingly, the appeal is dismissed.
The foregoing determination is without prejudice to plaintiff, if she be so advised, moving in the court below to vacate said order.
Golia, J.P., Rios and Belen, JJ., concur. '