HOTEL 71 MEZZ LENDER, LLC v. Tutt

Hotel 71 Mezz Lender, LLC appeals the final summary judgment entered in favor of the garnishee. We reverse the summary judgment and remand to the trial court for further proceedings because the trial court erred when it entered summary judgment in favor of the garnishee when the garnishee had not moved for summary judgment.

Plaintiff/j udgment creditor Hotel 71 is a Delaware limited liability company located in New York, New York. Guy Mitchell and others1 are judgment debtors as a result of their default of personal guaranties of a loan that Hotel 71 made to an entity owned and controlled by…