Bibikoff v City of New York

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[*1] Bibikoff v City of New York 2006 NY Slip Op 50072(U) [10 Misc 3d 142(A)] Decided on January 23, 2006 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 23, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570859/05.

Bazyli Bibikoff, No. Plaintiff-Appellant,

against

City of New York, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County (Geoffrey D. Wright.), entered May 12, 2004, which granted on default defendant's motion to dismiss the complaint.

PER CURIAM

Appeal from order (Geoffrey D. Wright, J.), entered May 12, 2004, dismissed, without costs, as taken from a nonappealable order.

No appeal lies from an order, such as this, entered on default of plaintiff, the aggrieved party (CPLR 5511; Seinfeld v. Robinson, 12 AD3d 218 [2004]).

In any event, were we to review, we would find that the complaint was properly dismissed since plaintiff's claims, which accrued no later than 1996, were barred by the statute of limitations.

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: January 23, 2006