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BACCHUS v. CITY OF NEW YORK

63 A.D.3d 768 (2009)

880 N.Y.S.2d 517

ASZAD BACCHUS et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided June 9, 2009.

Ordered that the appeal is dismissed, with costs.

Inasmuch as a party may not appeal from any order or judgment entered upon the default of the appealing party (see CPLR 5511; Brown v New York City Hous. Auth., 48 A.D.3d 388 [2008]; Matter of Kondratyeva v Yapi, 13 A.D.3d 376 [2004]), and the issue sought to be raised by the plaintiffs...

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