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TURNER v. OWENS FUNERAL HOME, INC.

20229/12E, 3823N.

149 A.D.3d 639 (2017)

2017 NY Slip Op 03128

50 N.Y.S.3d 870

SHATIMA TURNER et al., Appellants, v. OWENS FUNERAL HOME, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 25, 2017.

Because plaintiffs did not submit any opposition to the motions to change venue, and the order granting the motions was entered without consideration of any arguments by plaintiffs, whether oral or written, the order was entered upon plaintiffs' default, and is not appealable (see CPLR 5511; Liberty Community Assoc., LP v DeClemente, 139 A.D.3d 532, 532 [1st Dept 2016]; cf. Matter of 144 Stuyvesant, LLC v Goncalves,

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