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U.S. BANK NATIONAL ASSOCIATION v. TIBURCIO

Index No. 32237/17E. Appeal No. 14715. Case No. 2021-01862.

199 A.D.3d 620 (2021)

154 N.Y.S.3d 760

2021 NY Slip Op 06662

U.S. Bank National Association, Not in its Individual Capacity But Solely as Trustee for the RMAC Trust, Series 2016-CTT, Respondent, v. Felix M. Tiburcio et al., Defendants, and Grant Ave Bronx Realty Corp., Appellant.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

The Rosenfeld Law Office, Lawrence ( Avinoam Rosenfeld of counsel), for appellant.

Gross Polowy, LLC, Westbury ( Stephen J. Vargas of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Defendant's failure to submit timely papers in opposition to plaintiff's motion for summary judgment, or obtain permission to submit late papers, constituted a default on the motion for which its remedy is not an appeal but a motion to vacate the default (see CPLR 5511; Shannon v City of New York, 275 A.D.2d 671 [1st Dept 2000]; Masone v New York City Hous. Auth., 279 A.D.2d 323 ...

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