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http://www.nycourts.gov/courts/nyc/civil/cplr3213.shtml
Apr 01, 2013 · Motion for summary judgment in lieu of complaint When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.
https://law.justia.com/codes/new-york/2015/cvp/article-32/3213
Motion for summary judgment in lieu of complaint. When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-3213.html
Motion for summary judgment in lieu of complaint When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.
https://www.lexology.com/library/detail.aspx?g=1705f84a-8650-4def-afc0-a2ba2a92e7aa
CPLR 3213—also known as a Motion for Summary Judgment in Lieu of Complaint—allows a plaintiff to use an expedited process in specific collection actions. Instead of filing a summons and complaint, as one would to commence conventional litigation,...
https://www.nycomdiv.com/2019/03/summary-judgment-102-make-sure-your-money-instrument-is-in-tune-with-cplr-3213/
Mar 29, 2019 · This week, I will discuss another member of the summary judgment family: the CPLR 3213 motion for summary judgment in lieu of complaint. Most are aware of it, but many have trepidation to use it. Most are aware of it, but many have trepidation to use it.
https://www.schlamstone.com/court-grants-summary-judgment-in-lieu-of-complaint-on-notes/
The usual standards for summary judgment apply to CPLR 3213 motions. The instrument and evidence of failure to make payments in accordance with its terms constitute a prima facie case for summary judgment. The debt and the defendant’s default are undisputed. It is undisputed the notes are an instrument for the payment of money only, and the proper subject for a motion for summary judgment in lieu of complaint.
https://www.fklaw.com/newsroom-publications-20.html
Nov 17, 2016 · It is straightforward to calculate the earliest potential return date of a motion for summary judgment in lieu of complaint where it is served by personal delivery within New York. In that case, pursuant to CPLR 320(a), the motion must be returnable at least 20 days after the motion is delivered to the defendant.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jOC3TnezmXICaU8X2fHbDg==
(the “Motion”) for an Order pursuant to Section 3213 of the New York Civil Practice Law and Rules (“CPLR”) granting Plaintiff summary judgment in lieu of complaint on amounts due under a promissory note by Defendant United Realty Trust Advisors LP (“Borrower”) and an
https://law.justia.com/cases/new-york/other-courts/2017/2017-ny-slip-op-51933-u.html
Before the Court is plaintiff's motion for summary judgment in lieu of the Complaint, pursuant to CPLR 3213, seeking judgment in his favor in the sum of $154,193.19 plus interest at the default rate of 9% from July 2015 until the judgment is entered, and statutory interest thereafter and reasonable attorneys as allowed by the Notes (motion sequence 1).
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=7LFd6JuyMExnX67DQg/dDA==
or as soon thereafter as counsel can be heard, for an order: (a) pursuant to CPLR §3213, granting me summary judgment in lieu of complaint against defendants Marc Setton, Jack Setton and C&D Capital, LLC (collectively “Defendants”) based upon Defendants failure to make sum
https://fhnylaw.com/the-appellate-division-first-department-holds-that-a-commercial-landlord-is-entitled-to-summary-judgment-in-lieu-of-complaint-pursuant-to-cplr-3213-with-respect-to-a-lease-guaranty/
Jun 19, 2019 · Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint to streamline litigation in situations where the statute is applicable – provides: When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of …
http://www.aldouspllc.com/announcements/continued_importance_and_sophistication
Dec 16, 2014 · In a decision from earlier this year, New York Supreme Court Justice Marcy S. Friedman (Commercial Division, N.Y. Cnty.) granted summary judgment in lieu of a complaint – via New York’s expedited “motion-action” under CPLR 3213 – enforcing “an instrument for the payment of money only” in the form of guarantees of payment-in-kind (PIK) and subordinated notes.
https://www.law.cornell.edu/nyctap/I00_0045.htm
May 04, 2000 · In a motion for summary judgment in lieu of complaint (see, CPLR 3213), was Supreme Court, upon denial of summary judgment, obliged to treat the moving and answering papers as a complaint and answer, or did the statute authorize outright dismissal of the action? We hold that the court's authority to order "otherwise" included discretion to dismiss, which was not abused here.
https://www.law.com/newyorklawjournal/almID/1555661418NY656428201/?download=D1ID042319sumnock.pdf
Upon the foregoing denial of the within motion for summary judgment in lieu of complaint, this court now converts the matter to a plenary action, and hereby directs the plaintiff to serve a regular...
http://www.nycourts.gov/courts/nyc/civil/cplr3212.shtml
Apr 01, 2013 · CPLR 3212. Rule 3212. Motion for summary judgment ... A motion for summary judgment, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action in which a notice of claim must be served on a licensed architect, engineer, land surveyor or landscape architect pursuant to the ...
https://quizlet.com/12917208/cplr-32-accelerated-judgement-flash-cards/
The minimum time that a motion for summary judgement in lieu of complaint shall be noticed to be heard is 20 days after service, if by personal deliver, or __ days after service is complete, if by other than personal delivery.
https://www.schlamstone.com/defects-in-summons-require-dismissal-of-action-brought-by-motion-for-summary-judgment-in-lieu-of-complaint/
Apr 28, 2015 · The plaintiff commenced the action by way of a motion for summary judgment in lieu of complaint under CPLR 3213, “a hybrid procedure incorporating certain elements of an action and certain elements of motion practice.”
https://www.law.com/newyorklawjournal/almID/1202772530427/Setting-Dates-on-a-Motion-for-Summary-Judgment-in-Lieu-of-Complaint/
Setting Dates on a Motion for Summary Judgment in Lieu of Complaint The New York Civil Practice Law and Rules provide an accelerated procedure to enforce “instruments for the payment of money only”...
https://caselaw.findlaw.com/ny-supreme-court/1451106.html
Sep 21, 2006 · The minimum amount of time the Plaintiff must give the Defendant to oppose the motion for summary judgment in lieu of complaint is determined by the amount of time the Defendant would have to appear in the action if the Defendant had been served with …
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