Shannon v. City of New York

Appellate Division of the Supreme Court of New York

Shannon v. City of New York

275 A.D.2d 671, 713 N.Y.S.2d 858, 2000 N.Y. App. Div. LEXIS 10058

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

DecidedSeptember 28, 2000

StatusPublished

Cited by6 cases

This text of 275 A.D.2d 671 (Shannon 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

Shannon v. City of New York, 275 A.D.2d 671, 713 N.Y.S.2d 858, 2000 N.Y. App. Div. LEXIS 10058 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 30, 1999, which, in an action for personal injuries sustained in a fall allegedly caused by a sidewalk defect, granted, on default, plaintiffs’ motion to vacate a prior order granting, on default, defendants-appellants’, abutting landowner and demolition contractor, motion for summary judgment dismissing the complaint as against them, and, upon vacatur, denied such motion for summary judgment, unanimously dismissed, without costs.

While there may be an issue whether plaintiffs ever established the merits of the case, we nevertheless dismiss the appeal. Defendants’ failure to submit timely papers in opposition to plaintiffs’ motion to vacate their default, or obtain" permission to submit late papers, constituted a default on the motion for which their remedy is not an appeal but a motion to vacate the default (CPLR 5511). Accordingly, the appeal is dismissed. Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.

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—Appeal from order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 30, 1999, which, in an action for personal injuries sustained in a fall allegedly caused by a sidewalk defect, granted, on default, plaintiffs’ motion to vacate a prior order granting, on default, defendants-appellants’, abutting landowner and demolition contractor, motion for summary judgment dismissing the complaint as against them, and, upon vacatur, denied such motion for summary judgment, unanimously dismissed, without costs.

While there may be an issue whether plaintiffs ever established the merits of the case, we nevertheless dismiss the appeal. Defendants’ failure to submit timely papers in opposition to plaintiffs’ motion to vacate their default, or obtain" permission to submit late papers, constituted a default on the motion for which their remedy is not an appeal but a motion to vacate the default (CPLR 5511). Accordingly, the appeal is dismissed. Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.

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Bluebook (online)

275 A.D.2d 671, 713 N.Y.S.2d 858, 2000 N.Y. App. Div. LEXIS 10058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-city-of-new-york-nyappdiv-2000.

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