Andrea Lopez v Peter J. Corines

Lopez v Corines 2004 NY Slip Op 09474 [13 AD3d 495] December 20, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

Andrea Lopez, Respondent,
v
Peter J. Corines et al., Appellants, et al., Defendant.

—[*1]In an action to recover damages for medical malpractice and lack of informed consent, the defendants Peter J. Corines, Medical Surgical Consultants, and Ambulatory Anesthesia, P.C., appeal from an order of the Supreme Court, Kings County, dated September 5, 2003, which granted the plaintiff's motion for leave to enter judgment on the issue of liability upon their default in appearing and answering.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated September 5, 2003, must be dismissed as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Lawrence v Sotudeh, 5 AD3d 445 [2004]). Santucci, J.P., S. Miller, Smith, Cozier and Fisher, JJ., concur.