Opinion
No. 2013–1537QC.
12-02-2015
PERFORMANCE PLUS MEDICAL, P.C. as Assignee of Berquise Passe, Appellant, v. KEMPER INSURANCE COMPANY, Respondent.
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered April 16, 2013. The order granted defendant's unopposed motion to dismiss the complaint.
ORDERED that the appeal is dismissed.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting, on default, defendant's motion to dismiss the complaint. As no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511 ; Reynolds v. Haiduk, 120 AD3d 656 [2014] ; HCA Equip. Fin., LLC v. Mastrantone, 118 AD3d 850 [2014] ), the appeal is dismissed (see Lumbermen's Mut. Cas. Co. v. Fireman's Fund Am. Ins. Co., 117 A.D.2d 588 [1986] ).
ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.