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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://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-3213.html
New York Consolidated Laws, Civil Practice Law and Rules - CVP § 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://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 a complaint.
https://www.schlamstone.com/court-grants-summary-judgment-in-lieu-of-complaint-on-notes/
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 document without regard to extrinsic evidence.
https://www.fklaw.com/newsroom-publications-20.html
Nov 17, 2016 · When moving for summary judgment in lieu of complaint, plaintiffs must also select, and state on their notice of motion, the deadline by which the defendant can serve answering papers. Failure to set a valid return date or provide the defendant with enough time to respond can result in dismissal on jurisdictional or other grounds.
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 …
https://iapps.courts.state.ny.us/nyscef/ViewDocument
judgment in lieu of complaint in this action and serve a copy of your answering papers on Plaintiff’s attorneys no later than ten days before January 12, 2015. In case of your failure to appear, judgment will be taken against you by default of the relief demanded in the motion for
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.
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
of your failure to submit answering papers, summary judgment will be taken against you by default for. the relief demanded in the notice of motion. The basis of the venue designated is _____________ County, New York, as it is the county of. residence of the defendant.
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://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:
https://drdiekman.blogspot.com/2012/12/promissory-notes-and-summary-judgment.html
Dec 31, 2012 · Promissory notes and summary judgment in lieu of a complaint. Practice point: To establish prima facie entitlement to summary judgment in lieu of a complaint, a plaintiff must show that the defendant executed a promissory note containing an unequivocal and unconditional obligation to repay, and defendant's failure to pay in accordance with the note's terms.
https://iapps.courts.state.ny.us/nyscef/ViewDocument
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
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 …
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://www.nysenate.gov/legislation/laws/CVP/A32
Motion for summary judgment in lieu of complaint Section 3214 Motions heard by judge supervising disclosure; stay of disclosure
http://www.courts.state.ny.us/Reporter/pdfs/2010/2010_33300.pdf
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,
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.
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