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Board of Managers of Oceana Condominium No~ Eight v. Adam Gabiam

March 29, 2011

BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO~ EIGHT,
APPELLANT,
v.
ADAM GABIAM,
RESPONDENT.



Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered November 4, 2009. The order granted defendant's motion to vacate a judgment entered following his default on a stipulation.

Board of Mgrs. of Oceana Condominium No~ Eight v Gabiam

Decided on March 29, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT:WESTON, J.P., GOLIA and RIOS, JJ.

ORDERED that the appeal is dismissed.

Since plaintiff failed to submit written opposition to defendant's motion to vacate a judgment entered following defendant's default on a stipulation, the Civil Court's order granting defendant's motion must be deemed to have been entered on plaintiff's default, and this appeal by plaintiff must be dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; see also Viggiani v Grodotzke, 306 AD2d 273 [2003]; Brown v Chase, 3 Misc 3d 129[A], 2004 NY Slip Op 50371[U] [App Term, 2d & 11th Jud Dists 2004]).

Weston, J.P., Golia and Rios, JJ., concur.

Decision Date: March 29, 2011

20110329

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