Forma v. City of New York

Appellate Division of the Supreme Court of New York

Forma v. City of New York

273 A.D.2d 271, 710 N.Y.S.2d 534, 2000 N.Y. App. Div. LEXIS 6514

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 2000

StatusPublished

Cited by3 cases

This text of 273 A.D.2d 271 (Forma v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forma v. City of New York, 273 A.D.2d 271, 710 N.Y.S.2d 534, 2000 N.Y. App. Div. LEXIS 6514 (N.Y. Ct. App. 2000).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), [272]*272dated June 16, 1999, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it, upon the plaintiffs default in opposing the motion.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default and vacate the order dated June 16, 1999, and if necessary, appeal from the denial of the motion to vacate (see, Grober v Busigo, 133 AD2d 389; Imor v Imor, 114 AD2d 552; Calvagno v Nationwide Mut. Fire Ins. Co., 110 AD2d 741). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), [272]*272dated June 16, 1999, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it, upon the plaintiffs default in opposing the motion.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default and vacate the order dated June 16, 1999, and if necessary, appeal from the denial of the motion to vacate (see, Grober v Busigo, 133 AD2d 389; Imor v Imor, 114 AD2d 552; Calvagno v Nationwide Mut. Fire Ins. Co., 110 AD2d 741). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)

273 A.D.2d 271, 710 N.Y.S.2d 534, 2000 N.Y. App. Div. LEXIS 6514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forma-v-city-of-new-york-nyappdiv-2000.

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