New York Consolidated Laws, Civil Practice Law and Rules - CVP § 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.  The summons served with such motion papers shall require the defendant to submit answering papers on the motion within the time provided in the notice of motion.  The minimum time such motion shall be noticed to be heard shall be as provided by subdivision (a) of rule 320 for making an appearance, depending upon the method of service.  If the plaintiff sets the hearing date of the motion later than the minimum time therefor, he may require the defendant to serve a copy of his answering papers upon him within such extended period of time, not exceeding ten days, prior to such hearing date.  No default judgment may be entered pursuant to subdivision (a) of section 3215 prior to the hearing date of the motion.  If the motion is denied, the moving and answering papers shall be deemed the complaint and answer, respectively, unless the court orders otherwise.





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