February 14, 2023

Appellate practice.

Plaintiffs' failure to submit opposition papers to defendants' motion to dismiss does not render the order an unappealable order entered upon default, pursuant to CPLR 5511, as plaintiff appeared and orally opposed the motion during the final discovery conference.

Ganz v. Florman, NY Slip Op 00632 (1st Dep't February 7, 2023)

Here is the decision.