| Castro v Transit USA, Inc. |
| 2006 NY Slip Op 50066(U) [10 Misc 3d 142(A)] |
| Decided on January 20, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered August 24, 2004, which granted, on default, defendant's motion for summary judgment dismissing the complaint.
PER CURIAM:
Appeal from order (Francis M. Alessandro, J.), entered August 24, 2004, dismissed, without costs, as taken from a nonappealable order.
Plaintiff's failure to submit timely papers in opposition to defendant's motion for summary judgment or obtain permission to submit late papers, constituted, as Civil Court correctly found, a default on the motion for which her remedy is not an appeal but a motion to vacate the default (see CPLR 5511; Shannon v. City of New York, 275 AD2d 671 [2000]). The appeal, therefore, must be dismissed.
In any event, were we to review, we would find that plaintiff's opposition papers failed to raise a triable issue of fact as to whether she sustained a serious injury within the meaning of Insurance Law §5102(d).
This constitutes the decision and order of the court.
Decision Date: January 20, 2006