Shannon v. City of New York
Cases that cite this one
6 later published cases cite this decision.
- French v. NYS Dept. of Labor (Appellate Division of the Supreme Court of New York 2024)
- Helm v. PHH Mtge. Corp. (Appellate Division of the Supreme Court of New York 2021)
- Helm v. PHH Mtge. Corp. (Appellate Division of the Supreme Court of New York 2021)
- U.S. Bank N.A. v. Tiburcio (Appellate Division of the Supreme Court of New York 2021)
- Masone v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2001)
- Hanlon v. Metropolitan Life Insurance (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 30, 1999, which, in an action for personal injuries sustained in a fall allegedly caused by a sidewalk defect, granted, on default, plaintiffs’ motion to vacate a prior order granting, on default, defendants-appellants’, abutting landowner and demolition contractor, motion for summary judgment dismissing the complaint as against them, and, upon vacatur, denied such motion for summary judgment, unanimously dismissed, without costs.
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 is dismissed. Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.