| HCA Equip. Fin., LLC v Mastrantone |
| 2014 NY Slip Op 04465 [118 AD3d 850] |
| June 18, 2014 |
| Appellate Division, Second Department |
[*1]
| HCA Equipment Finance, LLC,Respondent, v Matthew Mastrantone, Appellant. |
Matthew Mastrantone, Garrison, N.Y., appellant pro se.
Magnozzi & Kye, LLP, Huntington, N.Y. (Cynthia S. Butera of counsel), forrespondent.
In an action, inter alia, to recover damages for breach of contract, the defendantappeals from a judgment of the Supreme Court, Putnam County (Lubell, J.), datedFebruary 27, 2013, which, upon an order of the same court dated January 11, 2013,granting the plaintiff's unopposed motion for summary judgment on the complaint and todismiss the affirmative defenses, among other things, is in favor of the plaintiff andagainst him in the principal sum of $117,055.46.
Ordered that the appeal is dismissed, with costs.
The defendant failed to submit papers to the Supreme Court in opposition to theplaintiff's motion for summary judgment on the complaint and to dismiss the affirmativedefenses, and the motion was granted on default. "No appeal lies from an order orjudgment granted upon the default of the appealing party" (J.F.J. Fuel, Inc. v Tran CampContr. Corp., 105 AD3d 908, 908 [2013]; see CPLR 5511). Since thejudgment appealed from was entered upon the defendant's default in opposing themotion, the appeal must be dismissed (see Lumbermen's Mut. Cas. Co. v Fireman'sFund Am. Ins. Co., 117 AD2d 588 [1986]). Dickerson, J.P., Leventhal, Hall andMiller, JJ., concur.