Peitian Zhang v Mastercard Inc.
2024 NY Slip Op 02898 [227 AD3d 598]
May 28, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2024


[*1]
 Peitian Zhang, Appellant,
v
Mastercard Inc. et al., Respondents.

Peitian Zhang, appellant pro se.

Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), dated April 5, 2023, which, inter alia, granted, on default, defendant Industrial and Commercial Bank of China's (ICBC) motion to dismiss the complaint against it, unanimously dismissed, without costs.

Plaintiff's appeal from the court's order dated April 5, 2023, was untimely as it was dated and filed more than 30 days after defendant ICBC's April 7, 2023 notice of entry (see 22 NYCRR 202.5-b [b]; CPLR 5513 [a]; Avgush v Jerry Fontan, Inc., 167 AD3d 484 [1st Dept 2018]; Retta v 160 Water St. Assoc., L.P., 94 AD3d 623 [1st Dept 2012]). In any event, no appeal lies from the April 5, 2023 order as it was entered on default after plaintiff failed to submit opposition to defendant ICBC's motion to dismiss. Under the circumstances, plaintiff's legal recourse was to move to vacate the default (see Forest Walnut LLC v Abizker, 224 AD3d 408 [1st Dept 2024]; Helm v PHH Mtge. Corp., 193 AD3d 420 [1st Dept 2021]). Concur—Singh, J.P., Kennedy, Rodriguez, Pitt-Burke, Michael, JJ.