August 9, 2026

Failure to oppose

The proper procedure to cure a default in opposing a motion is to move pursuant to CPLR 5015(a) to vacate the default, and, if necessary, to appeal that determination. A motion denominated as one for leave to renew an unopposed motion may be construed as one to vacate the default.

Abingdon Realty Co., LLC v. Finkelshteyn, NY Slip Op 04828 (2d Dep't August 5, 2026)

Here is the decision.