MOORE v. GOOGLE LLC (2024)

Supreme Court, Appellate Term, New York,

Teddy MOORE, Plaintiff-Appellant, v. GOOGLE LLC, Defendant-Respondent.

571318 /23

Decided: February 15, 2024

PRESENT: Hagler, P.J., Brigantti, Perez, JJ.

Appeal from order (Emily Morales-Minerva, J.), entered November 29, 2022, dismissed, without costs, as taken from nonappealable paper.

Since plaintiff did not oppose defendant's motion to dismiss the complaint, he is not aggrieved by the grant of the motion and may not appeal from it (see CPLR 5511; Leader v Parkside Group, 159 AD3d 523 [2018]). Plaintiff's remedy was to move to vacate his default in the motion court and, if his motion was denied, to appeal the order denying the motion (see Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin v Mazzella, 262 AD2d 15 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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