senate Bill S6125

2013-2014 Legislative Session

Relates to motions for summary judgment in lieu of complaint; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary

S6125 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add ยง3213, CPLR

S6125 - Summary

Relates to motions for summary judgment in lieu of complaint.

S6125 - Sponsor Memo

S6125 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6125

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to motions
  for summary judgment in lieu of complaint; and to repeal section  3213
  of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3213  of  the  civil  practice  law  and  rules  is
REPEALED and a new section 3213 is added to read as follows:
  S  3213.  MOTION FOR SUMMARY JUDGMENT IN LIEU OF COMPLAINT. (A) MOTION
IN LIEU OF COMPLAINT. THE PLAINTIFF  MAY  SERVE,  WITH  THE  SUMMONS,  A
MOTION  FOR  SUMMARY  JUDGMENT, WITH SUPPORTING PAPERS DESCRIBED IN THIS
SECTION, WHEN THE ACTION IS BASED SOLELY UPON:
  (1) ANY JUDGMENT,
  (2) AN INSTRUMENT FOR THE PAYMENT OF MONEY ONLY,
  (3) ANY OTHER WRITING, SIGNED BY THE DEFENDANT, THAT CONTAINS A CLEAR,
UNAMBIGUOUS, ABSOLUTE, UNCONDITIONAL AND IRREVOCABLE OBLIGATION FOR  THE
PAYMENT  OF  MONEY IN A SUM CERTAIN OR IN A SUM WHICH CAN BY COMPUTATION
BE MADE CERTAIN, OR
  (4) A SIGNED  GUARANTY,  SURETYSHIP  AGREEMENT,  UNDERTAKING  OR  BOND
SECURING AN OBLIGATION DESCRIBED IN PARAGRAPHS ONE, TWO OR THREE OF THIS
SUBDIVISION.
  (B) SUPPORTING PROOF. A MOTION FOR SUMMARY JUDGMENT UNDER THIS SECTION
SHALL  BE  SUPPORTED  AS  PROVIDED IN SUBDIVISION (B) OF RULE THIRTY-TWO
HUNDRED TWELVE OF THIS ARTICLE. IN ADDITION, THE MOTION SHALL INCLUDE  A
COPY  OF  THE  DOCUMENT  ON  WHICH THE ACTION IS BASED. IF THE ACTION IS
BASED ON A JUDGMENT, THE PAPERS SHALL INCLUDE A  COPY  OF  THE  JUDGMENT
CERTIFIED OR AUTHENTICATED IN ACCORDANCE WITH APPLICABLE LAW.
  (C)  ANSWERING  AND REPLY PAPERS ON THE MOTION. (1) THE SUMMONS SERVED
WITH SUCH MOTION PAPERS AND THE NOTICE OF MOTION SHALL  STATE  THAT  THE
DEFENDANT  MUST SERVE ANSWERING PAPERS ON THE MOTION ON OR BEFORE A DATE
WHICH IS NOT LESS THAN THIRTY DAYS AFTER THE COMPLETION  OF  SERVICE  ON
THE DEFENDANT OF THE SUMMONS AND SUPPORTING PAPERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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