Daimlerchrysler Servs. N. Am. LLC v Mazza

[*1] Daimlerchrysler Servs. N. Am. LLC v Mazza 2006 NY Slip Op 52252(U) [13 Misc 3d 140(A)] Decided on November 13, 2006 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 13, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., GOLIA and RIOS, JJ
2005-2020 K C.

Daimlerchrysler Services North America LLC, Respondent,

against

Thomas G. Mazza, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered August 2, 2005. The order granted plaintiff's motion for summary judgment dismissing the counterclaim and striking defendant's affirmative defenses.

Appeal dismissed.

Defendant failed to submit papers in opposition to plaintiff's motion for summary judgment dismissing the counterclaim and striking defendant's affirmative defenses. No appeal lies from an order entered upon the default of an appealing party (see CPLR
5511; Viggiani v Grodotzke, 306 AD2d 273 [2003]; Najac v George V. Marinello Used Trucks, Inc., 5 Misc 3d 128[A], 2004 NY Slip Op 51252[U] [App Term, 2d & 11th Jud Dists]). Defendant's remedy, if he be so advised, is to move in the court below to vacate the order entered on default.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: November 13, 2006