Wells Fargo Bank, N.A. v. Reid

122 A.D.3d 832, 995 N.Y.S.2d 516

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 19, 2014
• Docket: 2013-09537
• Status: Published

Opinion

In an action to foreclose a consolidated mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (James J. Golia, J), entered April 5, 2013, which denied its motion, inter alia, for summary judgment on the complaint, without prejudice to renewal upon proper notice to the defendant Michael Reid.

Ordered that the order is affirmed, without costs or disbursements.

The record before this Court does not reflect that the plaintiff gave the defendant Michael Reid, who the Supreme Court noted was appearing pro se, proper notice of its motion for summary judgment (see CPLR 2103). Accordingly, the Supreme Court properly denied the plaintiffs motion, inter alia, for summary judgment on the complaint, without prejudice to renewal upon proper notice to Reid (see Financial Servs. Veh. Trust v Law Offs. of Dustin J. Dente, 86 AD3d 532, 533 [2011]; Zaidi v New York Bldg. Contrs., Ltd., 61 AD3d 747, 748 [2009]; Bianco v LiGreci, 298 AD2d 482 [2002]; Welch v State of New York, 261 AD2d 537 [1999]).

The plaintiffs remaining contentions need not be reached in light of our determination.

Dillon, J.E, Chambers, Cohen and Maltese, JJ., concur.