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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://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://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://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jOC3TnezmXICaU8X2fHbDg==
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://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://law.justia.com/codes/new-york/2015/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://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://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.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 ...
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.divorceny.com/tag/summary-judgement-in-lieu-of-complaint/
The third of four decisions this month with an international context was decided by New York County Supreme Court Justice Manuel J. Mendez.. In Bond v Lichtenstein (pdf), decided July 15, 2014, Justice Mendez granted a mother summary judgment in lieu of complaint under C.P.L.R. §3213 domesticating a $570,110.05 Hong Kong judgment for child support arrears.
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 …
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://law.justia.com/cases/new-york/other-courts/2010/2010-50718.html
A motion for summary judgment in lieu of complaint is appropriate where "an action is based upon an instrument for the payment of money only." CPLR § 3213. The usual standards for summary judgment apply to CPLR § 3213 motions. See Gateway State Bank v Shangri-La Private Club for Women, 113 AD2d 791 [2d Dept 1985].
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jKE03Avo0_PLUS_mMJUa/lew1VQ==
A. The Standard for Summary Judgment Summary judgment is an appropriate remedy when there is no question of fact requiring resolution by a trier of fact. When there is no issue of fact to be resolved, the matter can be determined by the court as a matter of law. See CPLR 3212(b); see also Zuckerman v. City of New York. 49 N.Y.2d 557, 562, 427
http://www.nycourts.gov/courts/nyc/civil/cplr3211.shtml
Apr 01, 2013 · The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.
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://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://irp-cdn.multiscreensite.com/c6c8dfda/files/uploaded/Summary%20Judgment%20Opposition%2C%20New%20York%20Supreme%20Court%2C%20New%20York%20County.pdf
The Defendants move for Summary Judgment on the basis of an alleged cause of action that the Plaintiff’s Complaint does not contain: Negligence as it pertains to the provision of security services. Ignoring the very clear and deliberate causes of action pled in the Complaint, the Defendants proceed to recite case law exampling why
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=3091&context=lawreview
SURVEY OF NEW YORK PRACTICE. counterclaims, if established, would have defeated plaintiff's right of recovery on his complaint. 10 . The Court of Appeals had held that a court may not grant a summary judgment when there is a valid counter-claim for a sum equal to or greater than the amount demanded in the complaint. 08
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