Opinion
570619/17
03-13-2019
MANHATTAN MINI STORAGE, LLC, v. EBRAIN CONSULTING, LLC, Respondent-Appellant.
Per Curiam.
Appeal from order (Debra R. Samuels, J.), entered February 20, 2018, dismissed, without costs.
No appeal lies from an order or judgment entered on default of the appealing party (see CPLR 5511 ) and a default occurred in Civil Court when respondent, a limited liability company, failed to appear by an attorney (see Matter of Pere v. 1470-1488 U & R , 247 AD2d 477 [1998] ; Lohmann v. Castleton Gallery, 252 AD2d 482 [1988] ), despite multiple warnings from Civil Court to retain counsel. Accordingly, we dismiss respondent-appellant's appeal for this reason, and on the further ground that respondent lacks standing to proceed pro se on this appeal (see CPLR 321 ; Matter of Tenants Comm. of 36 Gramercy Park v. New York State Div. of Hous. & Community Renewal , 108 AD3d 413 [2013], lv dismissed 22 NY3d 990 [2013] ; Michael Reilly Design, Inc. v. Houraney , 40 AD3d 592 [2007] ). The purported appearance by respondent's principal was a nullity (see Evans v. Conley , 124 AD2d 981 [1986], appeal dismissed 69 NY2d 822 [1987] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.