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140 W. 28th ST. ASSOC., LLC v. 140 W. ASSOC., LLC

570708/11.

2012 NY Slip Op 52360(U)

140 WEST 28TH STREET ASSOCIATES, LLC, Petitioner-Landlord-Respondent, v. 140 WEST ASSOCIATES, LLC, 140-44 WEST 28TH STREET, NEW YORK, NY 10001 Respondent-Tenant, CENTRAL PARKING SYSTEM OF NEW YORK, INC., A/K/A CENTRAL PARKING SYSTEM INC. OF NEW YORK, Respondent-Undertenant-Appellant, AND "XYZ CORP., JOHN DOE AND JANE DOE" Respondents-Undertenants.

Supreme Court, Appellate Term, First Department.

Decided December 27, 2012.

PER CURIAM.

Inasmuch as respondent-appellant failed to submit opposition papers to the underlying motion, the resulting order and judgment were entered on respondent's default within the meaning of CPLR 5511, and are therefore nonappealable (see Benitez v Olson, 29 A.D.3d 503 [2006]; Fox v T.B.S.D. Inc., 278 A.D.2d 612 [2000], lv denied 96 N.Y.2d 716 [2001]...

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