§ 3213 — Motion for summary judgment in lieu of complaint

New York § 3213

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 32: Accelerated Judgment

Text

§ 3213. Motion for summary judgment in lieu of complaint. When an\naction is based upon an instrument for the payment of money only or upon\nany judgment, the plaintiff may serve with the summons a notice of\nmotion for summary judgment and the supporting papers in lieu of a\ncomplaint. The summons served with such motion papers shall require the\ndefendant to submit answering papers on the motion within the time\nprovided in the notice of motion. The minimum time such motion shall be\nnoticed to be heard shall be as provided by subdivision (a) of rule 320\nfor making an appearance, depending upon the method of service. If the\nplaintiff sets the hearing date of the motion later than the minimum\ntime therefor, he may require the defendant to serve a copy of his\nanswering papers upon him within such extended period of time, not\nexceeding ten days, prior to such hearing date. No default judgment may\nbe entered pursuant to subdivision (a) of section 3215 prior to the\nhearing date of the motion. If the motion is denied, the moving and\nanswering papers shall be deemed the complaint and answer, respectively,\nunless the court orders otherwise. The additional notice required by\nsubdivision (j) of rule 3212 shall be applicable to a motion made\npursuant to this section in any action to collect a debt arising out of\na consumer credit transaction where a consumer is a defendant.\n