Beizer v Ioannou

[*1] Beizer v Ioannou 2014 NY Slip Op 50694(U) Decided on April 30, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ
570927/12.

Harriet Beizer, Plaintiff-Respondent, - -

against

John M. Ioannou and Ioannou and Associates, Defendants-Appellants.

Defendants appeal from (1) an order of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), entered March 1, 2012, which granted plaintiff's motion for summary judgment, and (2) a judgment (same court and Judge), entered April 19, 2012, in favor of plaintiff in the principal sum of $124,416.93, plus attorneys' fees in the sum of $101,625.

Per Curiam.

Appeals from order and judgment (Margaret A. Chan, J.), entered, respectively, March 1, 2012 and April 19, 2012, dismissed, without costs.

Inasmuch as defendants-appellants failed to submit opposition papers to the underlying motion, the resulting order and judgment were entered upon defendants' default within the meaning of CPLR 5511 and are therefore nonappealable (see Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., 278 AD2d 612 [2000], lv denied, 96 NY2d 716 [2001]). Defendants' remedy was to move to vacate the default and, if unsuccessful, to appeal the denial of that motion (see Figiel v Met. Food, 48 AD3d 330 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 30, 2014