New York Motion In Lieu Of Complaint

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New York City Civil Court - Judiciary of New York

    https://nycourts.gov/courts/nyc/civil/cplr3213.shtml
    § 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.

Setting Dates on a Motion for Summary Judgment in Lieu of ...

    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 …

United -Summons - Summary Judgment in Lieu of 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

New York Civil Practice Law Section 3213 - Motion for ...

    https://newyork.public.law/laws/n.y._civil_practice_law_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.Founded: Mar 06, 2009

Setting Dates on a Motion for ... - New York Law Journal

    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 ...

PART 208. Uniform Civil Rules For The New York City Civil ...

    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

New York Consolidated Laws, Civil Practice Law and Rules ...

    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 .

2015 New York Laws :: CVP - Civil Practice Law & Rules ...

    https://law.justia.com/codes/new-york/2015/cvp/article-32/3213
    Justia US Law US Codes and Statutes New York Laws 2015 New York Laws CVP - Civil Practice Law & Rules Article 32 - (Civil Practice Law & Rules) ACCELERATED JUDGMENT 3213 - Motion for summary judgment in lieu of complaint.

Court Grants Summary Judgment in Lieu of Complaint on Notes

    https://www.schlamstone.com/court-grants-summary-judgment-in-lieu-of-complaint-on-notes/
    On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Greenberg v.DeRosa, 2019 NY Slip Op. 30046(U), granting summary judgment in lieu of complaint on notes, explaining:. CPLR 3213 provides for accelerated judgment where the instrument sued upon is for the payment of money only and where the right to payment can be ascertained from the face of the ...

3 No. 43: Jurgen Schulz v. Carl Barrows

    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.

Summary Judgment 102: Make Sure Your "Money Instrument" Is ...

    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 ...

STATE OF NEW YORK SUPREME COURT COUNTY OF

    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.

Commencing an Action in New York State Supreme Court ...

    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.

Motion for summary judgment in lieu of complaint

    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.

Schlam Stone & Dolan LLP Defects in Summons Require ...

    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 …

United Notice of Motion - Summary Judgment in Lieu of ...

    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

Roch Sela Inc. v Wilson - NYCOURTS.GOV - New York State ...

    http://www.courts.state.ny.us/Reporter/pdfs/2011/2011_30391.pdf
    assigned. Conclusion It is hereby: ORDERED that plaintiff ROCH SELA INC.’s motion pursuant to CPLR § 3213 for summary judgment in lieu of complaint against defendants, KIM E. WILSON and WILSON MINE CONSULTING LLC, is granted; and it is further ORDERED that plaintiff is entitled to a money judgment in its favor and against defendants, KIM E. WILSON and WILSON MINE CONSULTING …

The Appellate Division, First Department, Holds that a ...

    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 ...

CPLR 3213: An Unheralded Procedural Remedy New York Law ...

    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 ...

Porat v Rybina :: 2017 :: New York Other Courts Decisions ...

    https://law.justia.com/cases/new-york/other-courts/2017/2017-ny-slip-op-51933-u.html
    [*1] Porat v Rybina 2017 NY Slip Op 51933(U) Decided on December 26, 2017 Supreme Court, Kings County Wooten, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on December 26, 2017



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