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http://www.nycourts.gov/courts/nyc/civil/cplr3213.shtml
Apr 01, 2013 · § 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.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://law.justia.com/codes/new-york/2012/cvp/article-32/3213/
§ 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.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jOC3TnezmXICaU8X2fHbDg==
Ryan Law Group LLP, respectfully submits this memorandum of law in support of its motion (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
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 Robert S. Smith and Alexander D. Levi of Friedman Kaplan Seiler & Adelman seek to help practitioners avoid confusion associated ...
https://topics.vlex.com/tags/motion-for-summary-judgment-in-lieu-of-complaint-1171212
Oct 26, 2012 · N.Y. C.P.L.R. Law § 3213 - Motion for summary judgment in lieu of complaint - Commercial Division Denies Oral Modification an - Id. vLex: VLEX-1171212
https://en.wikipedia.org/wiki/Summary_judgment
In New York there is the procedure of summary judgment in lieu of complaint CPLR § 3213. This allows a plaintiff in an action based on an instrument to pay money only or ajudgement to file a motion for summary judgment and supporting papers with the summons instead of a complaint.
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.justanswer.com/law/6rxyn-motion-summary-judgment-lieu-complaint-i-served.html
Jun 11, 2012 · was served "Notice of Motion for Summary Judgment in Lieu of Complaint" within Supreme Court of The State of New York county of Nassau, Request for Judicial Intervention . Action of Proceeding is: Commericial Contract/Promissory Note . As indicated above, the motion is in lieu of complaint, pursuant to CPLR 3213
http://probonolegal.net/motion-for-summary-judgement/
In New York there is the procedure of summary judgment in lieu of complaint CPLR § 3213. This allows a plaintiff in an action based on an instrument to pay money only or ajudgement to file a motion for summary judgment and supporting papers with the summons instead of a complaint.
https://quizlet.com/24241537/9-motion-for-summary-judgment-flash-cards/
In two types of actions, π may, if she wishes, move for summary judgment at the same time she serves process by accompanying the summons with motion papers for summary judgment; in these instances, the motion for summary judgment is served "in lieu of the complaint":
https://www.schlamstone.com/guaranty-precluding-defenses-dooms-defense-to-motion-for-summary-judgment-in-lieu-of-complaint/
Jun 16, 2015 · On June 9, 2015, the Court of Appeals issued a decision in Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Navarro, 2015 NY Slip Op. 04753, holding that where a guaranty precludes defenses, those defenses cannot be raised in opposition to a motion for summary judgment in lieu of complaint.
https://content.next.westlaw.com/Document/Ib8ca5f6c198611e498db8b09b4f043e0/View/FullText.html?contextData=(sc.Default)
Commencing an Action in New York State Supreme Court: Motion for Summary Judgment in Lieu of Complaintby Practical Law Litigation Related Content Maintained • New YorkThis 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.
https://www.law.cornell.edu/cfr/text/14/16.26
(a) In lieu of an answer, the respondent may file a motion to dismiss the complaint or a motion for summary judgment on the complaint.The respondent may move for dismissal of the entire complaint or move for dismissal of particular issues from adjudication. The motion must be filed within 20 days after the date of service of the FAA notification of docketing.
https://www.avvo.com/legal-answers/what-is-the-difference-between-a-law-suit-and-a-mo-527234.html
Aug 31, 2011 · What is the difference between a law suit and a motion for summary judgment in lieu of a complaint?? are they same thing? what is the difference between a law …
https://jud.ct.gov/lawlib/Notebooks/Pathfinders/SummaryJudgment.pdf
motion for summary judgment. The court also noted that the use of a motion for summary judgment instead of a motion to strike may be unfair to the nonmoving party because ‘[t]he granting of a defendant's motion for summary judgment puts the plaintiff out of court . . . [while the] granting of a motion to strike allows the plaintiff to
https://njlitigationblog.com/when-can-a-defendant-successfully-file-an-initial-motion-to-dismiss-based-upon-the-pleadings-versus-a-motion-for-summary-judgment/
Dec 28, 2018 · Can the motion be filed immediately in lieu of an answer as the initial pleading or must it await the conclusion of discovery and be filed as a motion for summary judgment? The short answer is that it will depend upon whether the complaint states a claim based upon the facts as pled.
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://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 …
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