Brown v. Data Communications, Inc.

—In an action, inter alia, to recover damages for wrongful discharge from employment, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered March 20, 1995, which, upon granting the defendants’ trial motion to dismiss on the plaintiff’s default in proceeding at trial, dismissed the complaint.

Ordered that the judgment is affirmed, without costs or disbursements.

It is now well settled that an appeal lies from a judgment entered upon the default of the appealing party but review is limited to matters which were the subject of contest below (see, CPLR…