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MASONE v. NEW YORK CITY HOUSING AUTHORITY

279 A.D.2d 323 (2001)

719 N.Y.S.2d 241

THOMAS MASONE, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Defendants, and T.R. PLUMBING, INC., Respondent.

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

Decided January 16, 2001.

The motion court's refusal to consider plaintiff's opposition papers served after the date fixed for their receipt in a written stipulation (CPLR 2214 [c]) constituted a finding of default on the motion, for which plaintiff's remedy is not an appeal but a motion to vacate the default (CPLR 5511; Shannon v City of New York, 275 A.D.2d 671). Hence, the appeal is dismissed. Since plaintiff's opposition papers appeared to have merit...

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