Practice point: The plaintiffs commenced this action to recover on a promissory note by motion for summary judgment in lieu of complaint pursuant to CPLR 3213. However, they made the motion returnable on a date prior to the expiration of the time within which the defendant had to appear in the action, which was a fatal jurisdictional defect. The Appellate Division determined that the Supreme Court properly granted that branch of the defendant's motion which was to dismiss the action.
Student note: The Appellate Division will not consider an appellant's contentions that are raised for the first time on appeal.
Case: Bhanti v. Jha, NY Slip Op 04166 (2d Dep't June 1, 2016)
Here is the decision.
Monday's issue: An ineffective employment agreement and post-termination commissions.