SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
December 16, 2011
FIVE BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF DALE THOMPSON AND SONIA REEVES,
GEICO GENERAL INS. CO.,
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered August 17, 2009.
Five Boro Psychological Servs., P.C. v Geico Gen. Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on December 16, 2011
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ
The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing 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, plaintiff neither submitted opposition to defendant's cross motionfor summary judgment dismissing the complaint nor otherwise addressed the issues raised in defendant's cross motion. Accordingly, the appeal is dismissed.
Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: December 16, 2011
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