Legal Opinion
Putrino-Weiser v. Sharf
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Appeal unanimously dismissed without costs. Memorandum: No appeal lies from an order entered on default and thus the appeal must be dismissed (see, CPLR 5511; Curry v Roman, 217 AD2d 314, 318, Iv denied 88 NY2d 804). Although the order does not expressly provide that Supreme Court granted defendants’ motion for summary judgment dismissing the complaint based on plaintiffs’ default, the court stated in its decision on the record that plaintiffs were in default for failing to serve answering papers after three adjournments of the motion. There is no inconsistency between the order, which…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Curry v. RomanAppellate Division of the Supreme Court of the State of New York · 1995
- Morse v. MorseAppellate Division of the Supreme Court of the State of New York · 1979
- Hines v. HinesAppellate Division of the Supreme Court of the State of New York · 1986
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- Britt v. Buffalo Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
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