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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 …
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.nysba.org/WorkArea/DownloadAsset.aspx
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://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://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://iapps.courts.state.ny.us/nyscef/ViewDocument
YOU ARE HEREBY SUMMONED to answer the notice of motion for summary 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
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://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 …
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://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 …
http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/msk_sj.pdf
SAMPLE SUMMARY JUDGMENT MOTION1 _____ COME NOW Defendants Smith Corp. and Jack Smith, who move for summary judgment on all of the claims in the Complaint(# XX) pursuant to Fed. R. Civ. P. 56. Defense counsel discussed the grounds for this motion and the relief requested with counsel for the Plaintiff on February 30, 2999.
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://iapps.courts.state.ny.us/nyscef/ViewDocument
Amended Notice of Motion for Summary Judgment In Lieu of Complaint, LAW OFFICES OF BARRY M. BORDETSKY . 570 Lexington Avenue, 24th Floor, New York, New York 10022 . 212-688-0008 . Pursuant to 22 NYCRR 1301.1, the undersigned, an attorney admitted to practice in the courts of New -
http://www.courts.state.ny.us/Reporter/pdfs/2010/2010_33300.pdf
account stated, ECBA’s motion for summary judgment in lieu of complaint must be denied. This denial is without prejudice to ECBA move for summary judgment after Rose answers the formal complaint filed in this action as directed below. Accordingly, it is ORDERED that the motion for summary judgment in lieu of complaint is denied; and it is further
https://www.brennancenter.org/sites/default/files/analysis/Plaintiff_LAGOPs_Motion_for_Summary_Judgement_and_Brief.pdf
Plaintiffs’ Motion for Summary Judgment Plaintiffs move for summary judgment on all counts in their Verified Complaint for Declara-tory and Injunctive Relief (Doc. 1) and request oral argument. In support, Plaintiffs file herewith • Plaintiffs’ Memorandum Supporting Their Motion for Summary Judgment,
https://drdiekman.blogspot.com/2012/12/promissory-notes-and-summary-judgment.html
Dec 31, 2012 · 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://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
https://content.next.westlaw.com/Document/Ib8ca5f6c198611e498db8b09b4f043e0/View/FullText.html
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.
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