DEER PARK RESTAURANT, INC. v. O'NEILL

Appeal by plaintiff from a judgment dismissing its complaint in an action for specific performance, and from an order which granted a motion to dismiss the complaint on the ground that the plaintiff failed to appear by its treasurer on an examination before trial pursuant to an order therefor. Order unanimously affirmed, with $10 costs and disbursements. Appeal from judgment dismissed. The judgment was entered as on a default and is not appealable ( Kirsch v. Herculean Products Co., 205 App. Div. 530).