Capital One Bank v. Thompson

Full title: CAPITAL ONE BANK, Plaintiff-Respondent, v. WILLIAM P. THOMPSON…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Nov 10, 2009

2009 N.Y. Slip Op. 52248 (N.Y. App. Term 2009)

906 N.Y.S.2d 771

Opinion

570219/09.

Decided November 10, 2009.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered November 13, 2008, which, inter alia, granted plaintiff's motion for summary judgment.

Order (Anil C. Singh, J.), entered November 13, 2008, affirmed, without costs.

PRESENT: McKeon, P.J., Shulman, Hunter, JJ.

PER CURIAM.

In opposition to plaintiff's prima facie showing of entitlement to judgment as a matter of law, defendant failed to raise any triable issues of fact. Defendant waived the defense of improper service of the summons and complaint by failing to either move to dismiss on that ground within 60 days after service of his answer or allege that any "undue hardship" caused him to miss that deadline ( see CPLR 3211[e]; Worldcom, Inc. v Dialing Loving Care Inc., 269 AD2d 159).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.