Opinion
October 10, 2000.
Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 23, 1999, which, upon plaintiff's default, granted the motion of defendants F.J. Wilkes Company and Steven Marshall to dismiss the complaint as against them as time-barred and for lack of privity, unanimously dismissed, without costs.
Anthony J. McNulty, for plaintiff-appellant.
Debra Miller Krebs, for defendants-respondents.
Before: Sullivan, P.J., Tom, Ellerin, Rubin, Andrias, JJ.
The purportedly appealed order, entered upon plaintiff's default in responding to defendants-respondents' motion to dismiss the complaint, is nonappealable (CPLR 5511; Batra v. State Farm Fire and Cas. Co., 205 A.D.2d 480). In any event, were the order appealable, we would find that the complaint was properly dismissed as time-barred because plaintiff's action was commenced more than six years after defendants-respondents insurance rokers provided plaintiff with a certificate of insurance naming it as an additional insured (see,Santiago v. 1370 Broadway Assocs., 264 A.D.2d 624), and also because there was no privity between plaintiff general contractor and defendants-respondents, the insurance broker and agent for the subcontractor (St. George v. W.J. Barney Corp., 270 A.D.2d 171, 706 N.Y.S.2d 24).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.