New York § 1004 CPLR § 3213 applicable; return time varied

New York Statutes

§ 1004 — CPLR § 3213 applicable; return time varied

New York § 1004

Law CCANew York City Civil Court

Art. 10Motions

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Bluebook

N.Y. New York City Civil Court § 1004 (2026).

Text

  § 1004. CPLR § 3213 applicable; return time varied. CPLR § 3213,\nrelating to a motion for summary judgment in lieu of complaint, shall be\napplicable in this court, except that the minimum period for return of\nthe motion shall be as provided by § 402 of this act for answering a\nsummons, based upon the time and method of service. The summons served\nwith such motion papers shall instruct the defendant to answer as\nprovided in the accompanying notice of motion.  If the plaintiff adds\ndays to the period for return provided herein, he may require the\ndefendant to serve a copy of his answering papers upon plaintiff an\nequal number of days prior to such return day.\n

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§ 1004. CPLR § 3213 applicable; return time varied. CPLR § 3213,\nrelating to a motion for summary judgment in lieu of complaint, shall be\napplicable in this court, except that the minimum period for return of\nthe motion shall be as provided by § 402 of this act for answering a\nsummons, based upon the time and method of service. The summons served\nwith such motion papers shall instruct the defendant to answer as\nprovided in the accompanying notice of motion. If the plaintiff adds\ndays to the period for return provided herein, he may require the\ndefendant to serve a copy of his answering papers upon plaintiff an\nequal number of days prior to such return day.\n