Majority
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
The plaintiffs remaining contentions need not be reached in light of our determination.
Dillon, J.E, Chambers, Cohen and Maltese, JJ., concur.
Cases cited
- Financial Services Vehicle Trust v. Law Offices of Dente 86 AD3d 532 at 533 p. 833
- Zaidi v. New York Building Contractors, Ltd. 61 AD3d 747 at 748 p. 833
- Welch v. State 261 AD2d 537 p. 833