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Dr. Jack Schweitzer, Dr. Appasaheb Naik and andrew Gegerson, Dpm, As Assignees of v. State-Wide Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


November 4, 2011

DR. JACK SCHWEITZER, DR. APPASAHEB NAIK AND ANDREW GEGERSON, DPM, AS ASSIGNEES OF NORMA J. WEIR , APPELLANTS,
v.
STATE-WIDE INSURANCE COMPANY,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered March 29, 2010.

Schweitzer v State-Wide Ins. Co.

Decided on November 4, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., WESTON and RIOS, JJ

The order, insofar as appealed from, granted defendant's cross motion for summary judgment dismissing the complaint to the extent of dismissing the first, seventh, ninth, thirteenth and fifteenth causes of action of the complaint.

ORDERED that the appeal is dismissed.

No appeal lies from an order entered upon the default of the appealing party (CPLR 5511). Here, plaintiffs did not submit opposition to defendant's cross motion for summary judgment dismissing the complaint or otherwise address the issues raised in defendant's cross motion. Accordingly, the appeal is dismissed.

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

Decision Date: November 04, 2011

20111104

© 1992-2011 VersusLaw Inc.



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