Ann Arbor Group LLC v Gherardi

Holding The Appellate Division affirmed the denial of the plaintiff’s CPLR 3213 motion for summary judgment in lieu of complaint because the service of the notice of motion was defective, depriving the court of jurisdiction. Additionally, the court found that even if jurisdiction existed, the plaintiff failed to establish entitlement to summary judgment due to unresolved questions of fact regarding the assignment of the note and guaranty.

The court’s words

Supreme Court correctly found that plaintiff's January 2025 service of the notice of motion was defective

2026 NY Slip Op 06399, at the official text

the court therefore did not have jurisdiction over defendant

2026 NY Slip Op 06399, at the official text

the papers served in January 2025 concerned a motion that was already adjudicated

2026 NY Slip Op 06399, at the official text

it failed to show entitlement to summary judgment under CPLR 3213

2026 NY Slip Op 06399, at the official text

there remain questions of fact as to whether the note and guaranty were validly assigned to it

2026 NY Slip Op 06399, at the official text