(Download) "Matter Aetna Casualty and Surety Company" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Aetna Casualty and Surety Company
- Author : Supreme Court of New York
- Release Date : January 09, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
DECISION & ORDER The petitioner's motion "for an order enforcing" the order dated July 24, 1989, was returnable February
16, 1990, and contained a demand that answering papers be served five days before the return date (see, CPLR 2214b). However,
the answering papers were not served until March 2, 1990. The court refused to consider the untimely papers and granted the
petitioner's motion upon the respondent's default in opposing the motion. Since no appeal lies from an order entered upon
the default of the appealing party, the appeal must be dismissed (see, CPLR 5511; Matter of Mitchell v Morris, A.D.2d [2d
Dept., Nov. 12, 1991]; Katz v Katz, 68 A.D.2d 536). THOMPSON, J.P., SULLIVAN, HARWOOD and BALLETTA, JJ., concur.