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MARQUISE COLLECTION, INC., Respondent, v. M.A.S. TEXTILES CORP. et al., Appellants.

Ordered that the appeal is dismissed, with costs. The defendants failed to appear at the hearing scheduled by the court to resolve certain issues raised in their papers submitted in opposition to the plaintiff's motion for summary judgment in lieu of complaint. The defendants never moved to vacate their default and judgment was subsequently entered in favor of the plaintiff. As no appeal lies from a judgment entered on default, this appeal must be dismissed ( see, CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 313; Matter of Mitcham v Mitcham, 125 A.D.2d 473).

Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.

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MARQUISE COLL. INC. v. M.A.S. TEXTILES CORP
(May 5, 1997)