United States Second Circuit

Under Fed. R. Civ. P. 56(e), a court cannot automatically grant a summary judgment motion against a party who failed to file opposition papers, even if it warned the opposing party that failure to do so would result in a summary judgment.

Appellate Information

• Decided 12/18/2001
• Published 12/18/2001

Judges

• SOTOMAYOR, Circuit Judge., Before:  CARDAMONE, McLAUGHLIN, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anthony D. Amaker, Dannemora, NY, on submission, pro se.


• For Appellees:
  
• Martin A. Hotvet, Assistant Solicitor General, Albany, N.Y. (Peter H. Schiff, Senior Counsel, on the brief), for Eliot Spitzer, Attorney General of the State of New York, on submission, for appellees.