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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 · 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.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?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://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
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?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://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.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://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:
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.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.
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://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://drdiekman.blogspot.com/2013/08/motion-for-summary-judgment-in-lieu-of.html
Aug 20, 2013 · Motion for summary judgment in lieu of a complaint. ... a plaintiff may supplement its papers in response to a defendant's arguments in order to establish its entitlement to summary judgment in lieu of a complaint. Nothing that can be cured merely by adding papers should result in a denial of the motion, unless it is a denial with leave to ...
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://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://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://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.
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