NAKAGAWA v. JIANG (2024)

Supreme Court, Appellate Term, New York,

Shigeko NAKAGAWA, Appellant, v. Dian Z. JIANG, Respondent.

2023-750 K C

Decided: December 06, 2024

PRESENT: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, JOANNE D. QUIÑONES, JJ

Shigeko Nakagawa, appellant pro se. Dian Z Jiang, respondent pro se (no brief filed).

ORDERED that the appeal is dismissed.

In this small claims action, plaintiff sought $10,000 for medical expenses and defendant counterclaimed for $10,000 for harassment. Upon plaintiff's failure to appear for trial, an inquest was held on the counterclaim and a judgment was subsequently entered on April 26, 2023 in favor of defendant in the principal sum of $1,900.

As no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Benitez v. Olson, 29 AD3d 503 [2006]), the appeal is dismissed.

TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.

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