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RAPHAEL ANIL, et al., appellants, v. ILTON FERNANDEZ, et al., respondents.

ORDERED that the appeal from so much of the order as granted the motion is dismissed, as no appeal lies from an order entered upon the default of the appealing party ( see, CPLR 5511); and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that the respondents are awarded one bill of costs.

The plaintiffs did not oppose, either in their cross motion or separately, the defendants' motion, inter alia, to dismiss the complaint. No appeal lies from an order entered upon the default of the appealing party ( see, Glickman v. Sami, 149 A.D.2d 458; Ciaccio v. Germin, 138 A.D.2d 664, 665; Lumbermen's Mut. Cas. Co. v. Fireman's Fund Am. Ins. Co., 117 A.D.2d 588).

The Supreme Court properly denied the plaintiffs' cross motion to disqualify the defendants' attorneys. The plaintiffs did not prove, inter alia, the existence of a prior attorney-client relationship between themselves and opposing counsel ( see, Tekni-Plex, Inc. v. Meyner Landis, 89 N.Y.2d 123, 131; Gussack v. Goldberg, 248 A.D.2d 671, 672).

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ANIL v. FERNANDEZ
(Dec 6, 1999)