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http://www.nycourts.gov/courts/nyc/civil/cplr3213.shtml
Apr 01, 2013 · CPLR 3213 § 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. The summons served with such motion papers shall ...
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 …
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jOC3TnezmXICaU8X2fHbDg==
soon thereafter as counsel may be heard, for an Order pursuant to CPLR § 3213, granting summary judgment in lieu of complaint in favor of Plaintiff, and against (a) Defendant United Realty Advisors LP in the principal amount of $2,000,000, together with interest at the rate of
https://law.justia.com/codes/new-york/2015/cvp/article-32/3213
CVP - Civil Practice Law & Rules Article 32 - (Civil Practice Law & Rules) ACCELERATED JUDGMENT 3213 - Motion for summary judgment in lieu of complaint. NY CPLR § 3213 (2015) What's This? 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 ...
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 ...
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-3213.html
Read this complete New York Consolidated Laws, Civil Practice Law and Rules - CVP § 3213. Motion for summary judgment in lieu of complaint on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system .
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 ...
https://www.schlamstone.com/summary-judgment-in-lieu-of-complaint-precluded-by-evidence-of-lack-of-consideration-and-fraud/
Oct 27, 2017 · On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY Slip Op. 07107, holding that a motion for summary judgment in lieu of complaint was properly dismissed because of questions of consideration and fraud in the inducement, explaining:. CPLR 3213 provides a means of obtaining an accelerated judgment where a defendant’s liability is premised …
https://www.law.com/newyorklawjournal/2018/05/09/cplr-3213-an-unheralded-procedural-remedy/
Under CPLR 3213, a party seeking to enforce such an instrument or a judgment can initiate an action by immediately filing a summary judgment motion, with succinct supporting papers, instead of ...
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=Ef6GsOQeOqC_PLUS_6C64QophLA==
soon thereafter as counsel may be heard, for an Order pursuant to CPLR § 3213, granting summary judgment in lieu of complaint in favor of Plaintiff, and against (a) Defendant United Realty Advisors LP in the principal amount of $2,000,000, together with interest at the rate of
https://www.schlamstone.com/defects-in-summons-require-dismissal-of-action-brought-by-motion-for-summary-judgment-in-lieu-of-complaint/
Apr 28, 2015 · On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Clinton Capital Corp. v. 635 Realty Corp., 2015 NY Slip Op 30614(U), dismissing an action brought by motion for summary judgment in lieu of complaint based on defects in the summons and service of process.. The plaintiff in Clinton Capital is a judgment creditor who brought an action under CPLR ...
https://www.nycomdiv.com/2019/03/summary-judgment-102-make-sure-your-money-instrument-is-in-tune-with-cplr-3213/
Mar 29, 2019 · A few weeks prior to that, in Summary Judgment 101, I discussed the basic, yet often forgotten requirement that a summary judgment motion be supported with “evidentiary proof in admissible form.” 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 ...
https://www.law.com/newyorklawjournal/2019/12/26/show-you-the-money-how-will-depend-on-your-note-or-guaranty/
CPLR 3213 provides the vehicle for such litigants to reach a speedy judgment. Pursuant to CPLR 3213 a party may commence an action by serving a motion for summary judgment in lieu of 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. ... to judgment. While CPLR 3213 is ...
https://www.law.cornell.edu/nyctap/I00_0045.htm
May 04, 2000 · In the words of CPLR 3213: “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. * * * If the motion is denied, the moving and answering papers shall be deemed the ...
http://www.aldouspllc.com/
Finding Fraud to Fend Off Motions for Summary Judgment in Lieu of A Complaint Under CPLR 3213 Defendants facing motions for summary judgment in lieu of a complaint, pursuant to CPLR …
https://caselaw.findlaw.com/ny-supreme-court/1451106.html
Sep 21, 2006 · As with CPLR Article 22 motion practice, a party moving pursuant to CPLR 3213 can demand answering papers be served in advance of the return date. 2 A plaintiff moving for summary judgment in lieu of complaint pursuant to CPLR 3213 may demand answer papers up to ten days prior to the return date of the motion.
http://www.aldouspllc.com/announcements/continued_importance_and_sophistication
Dec 16, 2014 · The Continued Importance and Sophistication of CPLR 3213 “Motion-Actions” Before New York State Cour. 16-Dec-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 …
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3212.html
(h) Standards for summary judgment in certain cases involving public petition and participation. 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 involving public petition and participation, as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights ...
http://www.courts.state.ny.us/Reporter/pdfs/2010/2010_33300.pdf
-against- MICHAEL ROSE, Defendant judgment in lieu of a complaint pursuant to CPLR 32 13 with respect legal fees allegedly due and owing from its former client, defendant Michael Rose (“Rose”).Rose opposes the motion, which is denied for the reasons below. In February 2005, Rose retained ECBA, a Manhattan law firm specializing in litigation, to represent him and his company, Broadside ...
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