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ROGERS McCARRON & HABAS P.C. v. ACKER

2018-10859. Index No. 34540/14.

189 A.D.3d 1487 (2020)

134 N.Y.S.3d 756

2020 NY Slip Op 07935

Rogers McCarron & Habas, P.C., Respondent, v. Mark Acker, Appellant, et al., Defendants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Ellen O'Hara Woods , New City, NY, for appellant.

Rogers, Habas & Eisen, P.C., Orangeburg, NY ( Patricia E. Habas of counsel), for respondent.

Dillon, J.P., Roman, Duffy and Barros, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

In September 2014, the plaintiff commenced this action by summons and motion for summary judgment in lieu of complaint pursuant to CPLR 3213, inter alia, to recover legal fees it incurred in its representation of the defendant Mark Acker (hereinafter the defendant). The plaintiff's representation...

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