Smith-Reyes v Moreland

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[*1] Smith-Reyes v Moreland 2004 NY Slip Op 51424(U) Decided on November 19, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: November 19, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT :PESCE, P.J., GOLIA and RIOS, JJ.
2003-143 K C

HAZLEANN SMITH-REYES, Appellant,

against

EVETTE MORELAND, Respondent.

Appeal by plaintiff from order of the Civil Court, Kings County (M. Solomon, J.), dated November 25, 2002, granting defendant's motion for summary judgment dismissing the complaint.


Appeal unanimously dismissed.

Where a party fails to submit written opposition to a motion, an order granting the motion is considered to have been entered on default and is not appealable, even if the party orally argued the motion (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Brown v Chase, 3 Misc 3d 129 [A], 2004 NY Slip Op 50371 [U] [App Term, 2d & 11th Jud Dists];
Vandeveer Apts. v Moore, 2 Misc 3d 132 [A], 2004 NY Slip Op 50123 [U] [App Term, 2d & 11th Jud Dists]). Plaintiff's remedy, if she be so advised, is to move in the lower court to vacate her default.
Decision Date: November 19, 2004