Wells Fargo Bank, N.A., appellant, v. Michael Reid, respondent, et al., defendants. (2014)

Supreme Court, Appellate Division, Second Department, New York.

Wells Fargo Bank, N.A., appellant, v. Michael Reid, respondent, et al., defendants.

2013–09537 (Index No. 11651 /10)

Decided: November 19, 2014

MARK C. DILLON, J.P. CHERYL E. CHAMBERS JEFFREY A. COHEN JOSEPH J. MALTESE, JJ.

Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Robin L. Muir, and Heather R. Gushue of counsel), for appellant. 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 plaintiff's 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; Zaidi v New York Bldg. Contrs., Ltd., 61 AD3d 747, 748; Bianco v LiGreci, 298 A.D.2d 482; Welch v State of New York, 261 A.D.2d 537).

Submitted—October 16, 2014

DECISION & ORDER

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 plaintiff's remaining contentions need not be reached in light of our determination.

DILLON, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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