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SHANNON v. CITY OF NEW YORK

275 A.D.2d 671 (2000)

713 N.Y.S.2d 858

MARILYN SHANNON et al., Respondents, v. CITY OF NEW YORK, Defendant, and MUSEUM OF AMERICAN FOLK ART et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 28, 2000.

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...

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