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CONEYS v. JOHNSON CONTROLS, INC.

11 A.D.3d 576 (2004)

782 N.Y.S.2d 669

MICHAEL P. CONEYS, Respondent, v. JOHNSON CONTROLS, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 18, 2004.

Ordered that the appeal is dismissed, with costs.

The appeal from so much of the order as granted the cross motion is dismissed on the ground that no appeal lies from so much of an order entered upon a party's default in opposing a motion (see CPLR 5511; Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 A.D.2d 588 [1986]).

The defendant Johnson Controls, Inc., also appeals from so much of the order...

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