| U.S. Bank N.A. v Tiburcio |
| 2021 NY Slip Op 06662 [199 AD3d 620] |
| November 30, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| U.S. Bank National Association, Not in its Individual Capacity
But Solely as Trustee for the RMAC Trust, Series 2016-CTT, Respondent, v Felix M. Tiburcio et al., Defendants, and Grant Ave Bronx Realty Corp., Appellant. |
The Rosenfeld Law Office, Lawrence (Avinoam Rosenfeld of counsel), for appellant.
Gross Polowy, LLC, Westbury (Stephen J. Vargas of counsel), for respondent.
Appeal from order, Supreme Court, Bronx County (Doris Gonzalez, J.), entered on May 8, 2020, which granted, on default, plaintiff's motion for summary judgment, unanimously dismissed, without costs.
Defendant's failure to submit timely papers in opposition to plaintiff's motion for summary judgment, or obtain permission to submit late papers, constituted a default on the motion for which its remedy is not an appeal but a motion to vacate the default (see CPLR 5511; Shannon v City of New York, 275 AD2d 671 [1st Dept 2000]; Masone v New York City Hous. Auth., 279 AD2d 323 [1st Dept 2001]). Accordingly, the appeal is dismissed. Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.