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Schweitzer v. State-Wide Ins. Co.

Appellate Term of the Supreme Court of New York, Second Department
Nov 4, 2011
2011 N.Y. Slip Op. 52070 (N.Y. App. Term 2011)

Opinion

2010-992 Q C.

Decided November 4, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered March 29, 2010. The order, insofar as appealed from, granted defendant's cross motion for summary judgment dismissing the complaint to the extent of dismissing the first, seventh, ninth, thirteenth and fifteenth causes of action of the complaint.

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


ORDERED that the appeal is dismissed.

No appeal lies from an order entered upon the default of the appealing party (CPLR 5511). Here, plaintiffs did not submit opposition to defendant's cross motion for summary judgment dismissing the complaint or otherwise address the issues raised in defendant's cross motion. Accordingly, the appeal is dismissed.

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


Summaries of

Schweitzer v. State-Wide Ins. Co.

Appellate Term of the Supreme Court of New York, Second Department
Nov 4, 2011
2011 N.Y. Slip Op. 52070 (N.Y. App. Term 2011)
Case details for

Schweitzer v. State-Wide Ins. Co.

Case Details

Full title:DR. JACK SCHWEITZER, DR. APPASAHEB NAIK and ANDREW GEGERSON, DPM, as…

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

Date published: Nov 4, 2011

Citations

2011 N.Y. Slip Op. 52070 (N.Y. App. Term 2011)