Opinion
2003-143 K C.
Decided November 19, 2004.
Appeal by plaintiff from order of the Civil Court, Kings County (M. Solomon, J.), dated November 25, 2002, granting defendant's motion for summary judgment dismissing the complaint.
Appeal unanimously dismissed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
Where a party fails to submit written opposition to a motion, an order granting the motion is considered to have been entered on default and is not appealable, even if the party orally argued the motion ( Fox v. T.B.S.D., Inc., 278 AD2d 612; Brown v. Chase, 3 Misc 3d 129 [A], 2004 NY Slip Op 50371 [U] [App Term, 2d 11th Jud Dists]; Vandeveer Apts. v. Moore, 2 Misc 3d 132 [A], 2004 NY Slip Op 50123 [U] [App Term, 2d 11th Jud Dists]). Plaintiff's remedy, if she be so advised, is to move in the lower court to vacate her default.