Appeal unanimously dismissed with costs.
Memorandum:
Plaintiffs appeal from an order granting defendant's motion for summary judgment. The appeal must be dismissed because the order was entered on default. Plaintiffs' failure to submit papers in opposition to defendant's motion for summary judgment precludes appellate challenge to the court's order granting such motion (CPLR 5511; Flake v Van Wagenen, 54 N.Y. 25, 27-28; Lumbermen's Mut. Cas. Co....
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.