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CORTAZAR v. CORTAZAR

2020-02642. Index No. 705029/16.

208 A.D.3d 555 (2022)

171 N.Y.S.3d 835

2022 NY Slip Op 04897

Vincent Cortazar, Individually and Derivatively on Behalf of 47th Road LLC, Respondent, v. James Cortazar, Also Known as Jim E. Cortazar and Another, et al., Appellants.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Courtney A. Bihn, New York, NY, for appellants.

White, Cirrito, Nally & Lynch, LLP, Hempstead, NY (Christopher M. Lynch of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

Ordered that the appeal is dismissed, with costs.

The defendants failed to submit papers to the Supreme Court in opposition to the plaintiff's application for an award of attorneys' fees and disbursements, and the application was granted on default. Since the order appealed from was entered upon the defendants' default, the appeal must be dismissed (see CPLR 5511; J.F.J. Fuel, Inc. v Tran Camp Contr. Corp., 105 A.D.3d 908...

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