Justice Gretchen Walsh Dismisses Summary Judgment Motion Due to Insufficient Notice in Westchester County
On August 6, 2026, Justice Gretchen Walsh of the Westchester County Commercial Division denied a plaintiff's motion for summary judgment in lieu of complaint and subsequently dismissed the action without prejudice. The case, Gonzalez v. Marte, Index No. 63818/2026, involved a plaintiff alleging that the defendant failed to pay the balance on a $530,000 promissory note related to the sale of the plaintiff's shares in a restaurant corporation. The defendant did not appear or oppose the motion. However, the Court ruled that the motion had been 'short-served.' According to CPLR 3213, a plaintiff must provide a minimum time for the motion to be heard, aligning with CPLR 320(a) for making an appearance. In this instance, service was effectuated under CPLR 308(2), requiring the defendant to appear within 30 days after service was complete. Service is considered complete 10 days after the affidavit of service is filed, meaning the defendant should have had at least 40 days from May 28, 2026, to respond, setting a ...