CN Funding LLC v. Ensig Group Ltd.

*215OPINION OF THE COURT

Debra A. James, J.

The court shall deny plaintiffs motion for summary judgment on its complaint, to dismiss the answer and enter a monetary judgment in its favor. Pursuant to CPLR 3212 (b), having searched the record, the court shall grant defendants summary judgment on their second affirmative defense that alleges that “Defendants received no consideration to support the alleged indebtedness to Plaintiff” and shall enter judgment dismissing the complaint.

The court considers plaintiffs application for summary judgment notwithstanding the defect in its notice of motion…