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D'AGOSTINO LAW OFFICE, P.C., Respondent, v. NICHOLAS A. PARLANTE et al., Appellants.

Ordered that the appeal is dismissed, with costs.

The defendants failed to submit papers in opposition to the plaintiff's motion for summary judgment in lieu of complaint within the time provided in the notice of motion ( see CPLR 3213), and the plaintiff's motion for summary judgment in lieu of complaint was granted on default. No appeal lies from an order or judgment granted upon the default of the appealing party ( see CPLR 5511; Sanchez v Village of Ossining, 271 AD2d 674; Lumbermen's Mut. Cos. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588). Since the judgment was entered pursuant to an order granting the plaintiff's motion for summary judgment upon the defendants' default in appearing and opposing the motion, the appeal must be dismissed ( see Lumbermen's Mut. Cos. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588).

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D'AGOSTINO LAW OFF., P.C. v. PARLANTE
(Jan 20, 2009)