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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://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 ...
http://www.nycourts.gov/courts/nyc/civil/cplr3213.shtml
Apr 01, 2013 · New York City Civil Court. 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. ...
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jOC3TnezmXICaU8X2fHbDg==
summary judgment in lieu of complaint. Dated: New York, New York November 17, 2014 THE RYAN LAW GROUP, LLP By: /s/ Andrew J. Ryan Andrew J. Ryan 14 E. 4th St., Suite 406 New York, New York 10012 (212) 944-7300 Attorneys for Plaintiff TO: United Realty Advisors LP, Eli Verschleiser, and Jacob Frydman 60 Broad Street, 34th Floor, New York New ...
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
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.
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.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.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 ...
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://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:
http://www.aldouspllc.com/
In a 4-3 split decision, New York’s highest court recently held that New York’s.. 01-Feb-2016 Finding Fraud to Fend Off Motions for Summary Judgment in Lieu of A Complaint Under CPLR 3213
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://cases.justia.com/new-york/other-courts/2014-2014-ny-slip-op-31712-u.pdf?ts=1404857537
A party may commence an action by motion for summary judgment in lieu of complaint when the action is based upon an instrument for the payment of money only or upon any judgment (Goodyear Tire & Rubber Co. v. Azzaretto, 103 A.D.3d 880, 962 N.Y.S.2d 220 [2"d Dept. 2013]); see CPLR 3213. A New York judgment is good for 20 years (see CPLR 211(b)].
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://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=Ef6GsOQeOqC_PLUS_6C64QophLA==
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 12% per annum compounded monthly, in the amount of $253,650.06 through October 25, 2014,
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.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.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.
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