In a July 29, 2010 decision by Justice Kitzes, plaintiff Wells Fargo sought summary judgment against the defendant LLC and a personal guarantor, arising out of the default in payment for credit charges and cash advances incurred on two credit card/business line of credit accounts. Plaintiff alleged causes of action for breach of contract, breach of guarantee and account stated. The court granted summary judgment in favor of plaintiff on the claims, and awarded attorney’s fees, amount to be determined later. The court rejected defendants’ belated attempt to claim improper service, since they have failed to make a motion to dismiss on service/jurisdictional grounds within sixty days of service of the Answer, and further did not allege any undue hardship warranting an extension of such time to do so.