Legal Opinion

Parker v. Soper

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1990No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

Appeal unanimously dismissed with costs. Memorandum: Plaintiffs appeal from an order granting defendant’s motion for summary judgment. The appeal must be dismissed because the order was entered on default. Plaintiffs’ failure to submit papers in opposition to defendant’s motion for summary judgment precludes appellate challenge to the court’s order granting such motion (CPLR 5511; Flake v Van Wagenen, 54 NY 25, 27-28; Lumbermen’s Mut. Cas. Co. v Fireman’s Fund Am. Ins. Co., 117 AD2d 588; Manhattan 30 Corp. v Nassau County, 100 AD2d 576).

Plaintiffs also appeal from an earlier order which…

2Cases cited5 opinions

  1. Flake v. . Van WagenenNew York Court of Appeals · 1873
  2. Lumbermen's Mutual Casualty Co. v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  3. Corning v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1961
  4. Corning v. Lehigh Valley Railroad, New York County Courts1959
  5. Manhattan 30 Corp. v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. Parker v. SoperAppellate Division of the Supreme Court of the State of New York · 1990

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