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

New York Statutes

§ 1004 — CPLR § 3213 applicable; return time varied

New York § 1004

Law UDCUniform District Court Act

Art. 10Motions

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Bluebook

N.Y. Uniform District Court Act § 1004 (2026).

Text

§ 1004. CPLR § 3213 applicable; return time varied.\n  CPLR § 3213, relating to a motion for summary judgment in lieu of\ncomplaint, shall be applicable in this court, except that the minimum\nperiod for return of the motion shall be as provided by § 402 of this\nact for answering a summons, based upon the time and method of service.\nThe summons served with such motion papers shall instruct the defendant\nto answer as provided in the accompanying notice of motion. If the\nplaintiff adds days to the period for return provided herein, he may\nrequire the defendant to serve a copy of his answering papers upon\nplaintiff an equal number of days prior to such return day.\n

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§ 1004. CPLR § 3213 applicable; return time varied.\n CPLR § 3213, relating to a motion for summary judgment in lieu of\ncomplaint, shall be applicable in this court, except that the minimum\nperiod for return of the motion shall be as provided by § 402 of this\nact for answering a summons, based upon the time and method of service.\nThe summons served with such motion papers shall instruct the defendant\nto answer as provided in the accompanying notice of motion. If the\nplaintiff adds days to the period for return provided herein, he may\nrequire the defendant to serve a copy of his answering papers upon\nplaintiff an equal number of days prior to such return day.\n