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D'AGOSTINO LAW OFFICE, P.C. v. PARLANTE

58 A.D.3d 668 (2009)

870 N.Y.S.2d 793

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

Appellate Division of the Supreme Court of New York, Second Department.

January 20, 2009.

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...

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