Opinion
14715 Index No. 32237/17E Case No. 2021–01862
11-30-2021
U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely AS TRUSTEE FOR the RMAC TRUST, SERIES 2016–CTT, Plaintiff–Respondent, v. Felix M. TIBURCIO, et al., Defendants. Grant Ave Bronx Realty Corp., Defendant–Appellant.
The Rosenfeld Law Office, Lawrence (Avinoam Rosenfeld of counsel), for appellant. Gross Polowy, LLC, Westbury (Stephen J. Vargas of counsel), for respondent.
The Rosenfeld Law Office, Lawrence (Avinoam Rosenfeld of counsel), for appellant.
Gross Polowy, LLC, Westbury (Stephen J. Vargas of counsel), for respondent.
Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.
Appeal from order, Supreme Court, Bronx County (Doris Gonzalez, J.), entered on May 8, 2020, which granted, on default, plaintiff's motion for summary judgment, unanimously dismissed, without costs.
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, 713 N.Y.S.2d 858 [1st Dept. 2000] ; Masone v. New York City Hous. Auth., 279 A.D.2d 323, 719 N.Y.S.2d 241 [1st Dept. 2001] ). Accordingly, the appeal is dismissed.