Opinion
570787/07.
Decided November 18, 2008.
Plaintiff appeals from an order of Civil Court of the City of New York, New York County, (Matthew F. Cooper, J.), entered July 31, 2007, which granted defendant's motion for summary judgment dismissing the complaint upon plaintiff's failure to appear in court on the return date of the motion.
Appeal from order (Matthew F. Cooper, J.) entered July 31, 2007, dismissed, without costs, as taken from a nonappealable order.
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ.
No appeal lies from an order, such as this, entered on default of the aggrieved party ( see CPLR 5511; Seinfeld v Robinson, 12 AD3d 218), here the plaintiff. In any event, were the appeal properly before us, we would affirm ( see Lerner v Karageorgis Lines, 66 NY2d 479).
This constitutes the decision and order of the court.