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https://newyork.public.law/laws/n.y._civil_practice_law_section_3213
New York Civil Practice Law. 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.Founded: Mar 06, 2009
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://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://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.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://content.next.westlaw.com/Document/Ib8ca5f6c198611e498db8b09b4f043e0/View/FullText.html?contextData=(sc.Default)
This Practice Note outlines the key issues to consider when starting an action in New York State Supreme Court with a summary judgment motion in lieu of a complaint, under Civil Practice Law and Rules (CPLR) 3213. Specifically, this Note outlines when a plaintiff may commence an action by summary judgment, how to commence an action by summary judgment, issues to consider in responding to the motion…
https://www.schlamstone.com/court-grants-summary-judgment-in-lieu-of-complaint-on-notes/
Cases in the Commercial Division of the New York courts usually involve a motion to dismiss at the outset and then a motion for summary judgment at the close of discovery, so such motions are a big part of our practice.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=Ef6GsOQeOqC_PLUS_6C64QophLA==
located at 60 Centre Street, Room 130, the Motion Part, at 9:30 a.m., on January 12, 2015 or as 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
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://www.nysba.org/WorkArea/DownloadAsset.aspx?id=21645
in support of a motion for summary judgment in lieu of complaint based upon my personal knowledge, the plaintiff’s records, and the records of the original forum. 2.
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://www.law.com/newyorklawjournal/2018/05/09/cplr-3213-an-unheralded-procedural-remedy/
In the eyes of these authors, CPLR 3213 is perhaps the most unheralded procedural device in New York state court practice. CPLR 3213 allows litigants to quickly and efficiently enforce instruments for the payment of money only or a previously rendered judgment.
https://www.nysenate.gov/legislation/laws/CVP/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.
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.
http://ww2.nycourts.gov/rules/trialcourts/208.shtml
(e) In a case in which a notice of motion for summary judgment in lieu of a complaint (pursuant to CPLR 3213 and NYCCCA 1004) is annexed to the summons, the following form of summons is to be used: CIVIL COURT OF THE CITY OF NEW YORK
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 …
https://www.law.cornell.edu/nyctap/I00_0045.htm
May 04, 2000 · In September 1997, by motion for summary judgment in lieu of complaint in New York State Supreme Court, plaintiff sought recognition and enforcement of the Texas judgment, annexing the petition, proof of service, correspondence between the parties and the default judgment.
https://casetext.com/statute/consolidated-laws-of-new-york/chapter-civil-practice-law-and-rules/article-32-accelerated-judgment/section-3213-motion-for-summary-judgment-in-lieu-of-complaint
Section 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://www.schlamstone.com/summary-judgment-in-lieu-of-complaint-precluded-by-evidence-of-lack-of-consideration-and-fraud/
Oct 27, 2017 · Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud 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:
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