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HELM v. PHH MTGE. CORP.

Index No. 159908/19. Appeal No. 13502N. Case No. 2020-03278.

193 A.D.3d 420 (2021)

147 N.Y.S.3d 1

2021 NY Slip Op 02070

Martin Helm et al., Appellants, v. PHH Mortgage Corporation, Respondent, et al., Defendants.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Law Offices of Ari Mor, P.C., New York ( Ari Mor of counsel), for appellants.

Houser LLP, New York ( David S. Yohay of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

PHH's cross motion to dismiss was unopposed, as plaintiffs admittedly failed to submit opposition, and the court denied their oral application to submit late papers. No appeal lies from an order entered on the default of an aggrieved party, and having defaulted on PHH's cross motion, their remedy is not an appeal but a motion to vacate (see Shannon v City of New York, 275 A.D.2d 671 [1st Dept 2000]; CPLR 5511).

In any event...

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