| Cortazar v Cortazar |
| 2022 NY Slip Op 04897 [208 AD3d 555] |
| August 10, 2022 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Vincent Cortazar, Individually and Derivatively on Behalf of
47th Road LLC, Respondent, v James Cortazar, Also Known as Jim E. Cortazar and Another, et al., Appellants. |
Courtney A. Bihn, New York, NY, for appellants.
White, Cirrito, Nally & Lynch, LLP, Hempstead, NY (Christopher M. Lynch of counsel), for respondent.
In an action, inter alia, to recover damages for breach of fiduciary duty, the defendants appeal from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), dated August 5, 2019. The order granted the plaintiff's unopposed application for an award of attorneys' fees and disbursements to the extent of awarding him attorneys' fees in the sum of $85,000 and disbursements in the sum of $6,922.21.
Ordered that the appeal is dismissed, with costs.
The defendants failed to submit papers to the Supreme Court in opposition to the plaintiff's application for an award of attorneys' fees and disbursements, and the application was granted on default. Since the order appealed from was entered upon the defendants' default, the appeal must be dismissed (see CPLR 5511; J.F.J. Fuel, Inc. v Tran Camp Contr. Corp., 105 AD3d 908 [2013]; DiNozzi v DiNozzi, 74 AD3d 866 [2010]). Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur. [Prior Case History: 64 Misc 3d 1204(A), 2019 NY Slip Op 51006(U).]