Opinion
September 21, 1987
Appeal from the Supreme Court, Westchester County (Martin, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The order dismissing the plaintiff's action with prejudice and assessing costs resulted from the plaintiff's default in appearing at a pretrial conference pursuant to a direction contained in a prior order, dated April 18, 1986. No appeal lies from an order or judgment entered upon the default of the aggrieved party (see, CPLR 5511; Boylan v. Health Ins. Plan, 74 A.D.2d 835, 836; Wolfensteller v. Frank, 50 A.D.2d 846), and the plaintiff should have sought to open the default by moving in the Supreme Court to vacate the order in question (see, Imor v Imor, 114 A.D.2d 552). Mollen, P.J., Bracken, Niehoff and Lawrence, JJ., concur.