| D'Agostino Law Off., P.C. v Parlante |
| 2009 NY Slip Op 00331 [58 AD3d 668] |
| January 20, 2009 |
| Appellate Division, Second Department |
| D'Agostino Law Office, P.C., Respondent, v Nicholas A.Parlante et al., Appellants. |
—[*1] Annette G. Hasapidis, South Salem, N.Y., for respondent.
In an action to recover unpaid legal fees, the defendants appeal from a judgment of theSupreme Court, Westchester County (Loehr, J.), dated January 17, 2008, which, upon an order ofthe same court entered January 16, 2008, granting the plaintiff's unopposed motion for summaryjudgment in lieu of complaint, is in favor of the plaintiff and against them in the principal sum of$18,155.41.
Ordered that the appeal is dismissed, with costs.
The defendants failed to submit papers in opposition to the plaintiff's motion for summaryjudgment in lieu of complaint within the time provided in the notice of motion (seeCPLR 3213), and the plaintiff's motion for summary judgment in lieu of complaint was grantedon default. No appeal lies from an order or judgment granted upon the default of the appealingparty (see CPLR 5511; Sanchez v Village of Ossining, 271 AD2d 674 [2000];Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588 [1986]).Since the judgment was entered pursuant to an order granting the plaintiff's motion for summaryjudgment upon the defendants' default in appearing and opposing the motion, the appeal must bedismissed (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d588 [1986]). Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.