Ordered that the appeal is dismissed, with costs.
The Supreme Court, in the order appealed from, granted the plaintiff's unopposed motion, inter alia, for summary judgment on the complaint insofar as asserted against the appellant, to strike its answer, and for an order of reference. The record on appeal contains no evidence that the appellant ever timely opposed the motion. Accordingly, the appellant is precluded from challenging the propriety of that order on appeal...
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