Diamond v. Diamante
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*827Where, as here, the order appealed from was made upon the plaintiffs’ default, “review is limited to matters which were the subject of contest below” (Matter of Constance P. v Avraam G., 27 AD3d 754, 755 [internal quotations marks omitted]; see James v Powell, 19 NY2d 249, 256 n 3 [1967]; Wexler v Wexler, 34 AD3d 458, 459 [2006]; Brown v Data Communications, 236 AD2d 499 [1997]). Accordingly, in this case, review is limited to the denial of the plaintiffs’ request for an adjournment, on the appeal by the plaintiffs, and the award of costs and imposition of sanctions against nonparty James D.…
2Cases cited20 opinions
- People v. CableNew York Court of Appeals · 1984
- James v. PowellNew York Court of Appeals · 1967
- In the Matter of StevenNew York Court of Appeals · 2006
- Paulino v. CamachoAppellate Division of the Supreme Court of the State of New York · 2007
- Tun v. AwAppellate Division of the Supreme Court of the State of New York · 2004
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- HSBC Mortgage Corp. v. MacPhersonAppellate Division of the Supreme Court of the State of New York · 2011
- Adotey v. British Airways, PLCAppellate Division of the Supreme Court of the State of New York · 2016
- Park Lane North Owners, Inc. v. GengoAppellate Division of the Supreme Court of the State of New York · 2017
- Vera v. SoohooAppellate Division of the Supreme Court of the State of New York · 2012
- Hawes v. LewisAppellate Division of the Supreme Court of the State of New York · 2015
23 more not listed; retrieve them via the Exa API.