Legal Opinion

Casamassima v. Golden Gate Cafe Inc.

Appellate Terms of the Supreme Court of New York

Decided November 22, 2016No. 2016 NYSlipOp 51669(U)Published

1Opinion of the Court

Elio Casamassima, Plaintiff-Appellant,

against

Golden Gate Cafe Inc., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Joseph E. Capella, J.) entered April 27, 2016, which granted defendant's CPLR 3211(a)(7) motion to dismiss the complaint.

2Per curiam

Appeal from order (Joseph E. Capella, J.), entered April 27, 2016, dismissed, without costs.

Inasumuch as plaintiff-appellant failed to submit opposition papers to the underlying motion, the resulting order was entered upon plaintiff's default within the meaning of CPLR 5511 and is therefore…

3Cases cited2 opinions

  1. Figiel v. Met FoodAppellate Division of the Supreme Court of the State of New York · 2008
  2. Benitez v. OlsonAppellate Division of the Supreme Court of the State of New York · 2006

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