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FRIEDMAN v. STARWOOD HOTELS & RESORTS WORLD WIDE, INC.

26 A.D.3d 161 (2006)

807 N.Y.S.2d 565

ROBERTA FRIEDMAN et al., Appellants, v. STARWOOD HOTELS & RESORTS WORLD WIDE, INC., Respondent.

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

February 2, 2006.

The motion court's refusal to consider plaintiffs' opposition to defendant's cross motion effectively constituted a granting of the cross motion on default, and the appeal must be dismissed (CPLR 5511; see Matter of Aetna Cas. & Sur. Co. v. Serrano, 181 A.D.2d 731 [1992]). Plaintiffs must move to vacate the default to obtain the review they seek. We note that plaintiffs do not make any arguments relating to the denial of their...

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