Opinion
2019–06847 Index No. 504862/17
02-10-2021
Carlos RODRIGUEZ–DOMINGUEZ, appellant, v. BLACKSTONE CONTRACTORS, LLC, respondent, et al., defendant (and a third-party action).
Frekhtman & Associates, Brooklyn, N.Y. (Eileen Kaplan and Martin M. Howfield of counsel), for appellant. Rosenbaum & Taylor, P.C., White Plains, N.Y. (Leslie Luke and Scott P. Taylor of counsel), for respondent.
Frekhtman & Associates, Brooklyn, N.Y. (Eileen Kaplan and Martin M. Howfield of counsel), for appellant.
Rosenbaum & Taylor, P.C., White Plains, N.Y. (Leslie Luke and Scott P. Taylor of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lizette Colon, J.), dated April 2, 2019. The order granted the unopposed motion of the defendant Blackstone Contractors, LLC, pursuant to CPLR 3126 to strike the complaint.
ORDERED that the appeal is dismissed, with costs.
In this personal injury action, the Supreme Court, in an order dated April 2, 2019, granted the unopposed motion of the defendant Blackstone Contractors, LLC (hereinafter the defendant), pursuant to CPLR 3126 to strike the complaint based upon the plaintiff's failure to comply with court-ordered discovery. The record on appeal contains no proof that the plaintiff ever formally opposed the subject motion. Therefore, the order granting the defendant's motion was made without opposition (see Matter of State Farm Ins. Co. v. Eagle Ins. Co., 266 A.D.2d 397, 698 N.Y.S.2d 323 ; Wing v. Chammas, 78 A.D.2d 887, 888, 433 N.Y.S.2d 43 ). No appeal lies from an order or judgment granted upon the default of the appealing party (see CPLR 5511 ; Narvaez v. City of New York, 171 A.D.3d 764, 95 N.Y.S.3d 847 ; Wells Fargo Bank, N.A. v. Syed, 160 A.D.3d 914, 76 N.Y.S.3d 63 ).
Accordingly, the plaintiff's appeal must be dismissed.
CHAMBERS, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.