December 5, 2021

CPLR 5511.

Defendant's failure to submit timely papers in opposition to plaintiff's motion for summary judgment, or obtain permission to submit late papers, is a default on the motion. The remedy is not an appeal, but a motion to vacate the default.

U.S. Bank N.A. v. Tiburcio, NY Slip Op 06662 (1st Dep't November 30, 2021)

Here is the decision.