senate Bill S6125

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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

S6125 - Bill Details

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

S6125 - Bill Texts

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Relates to motions for summary judgment in lieu of complaint.

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BILL NUMBER:S6125

TITLE OF BILL: 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

PURPOSE: This bill relates to motions for summary judgment in lieu of
complaint for certain causes of action.

SUMMARY OF PROVISIONS:

Section 1 - Section 3213 of the civil practice law and rules is
repealed and a new section 3213 is added.

Section 2 - Effective date.

JUSTIFICATION: Current law enables certain cases which have no
substantive defense to languish. This legislation would shorten the
judicial process for those cases and help to reduce court dockets by
enabling plaintiff, in certain actions, to serve a motion for summary
judgment with supporting papers at the time the summons is served.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

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                    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
                      [ ] is old law to be omitted.
                                                           LBD11991-01-3

S. 6125                             2

  (2) THE NOTICE OF MOTION SHALL ALSO STATE THE DATE ON WHICH THE MOTION
WILL BE HEARD, WHICH SHALL BE AT LEAST FOURTEEN DAYS AFTER THE ANSWERING
PAPERS ARE DUE.
  (3)  ANY  REPLY  PAPERS  SHALL BE SERVED SEVEN DAYS BEFORE THE HEARING
DATE.
  (4) IF COMPLETION OF SERVICE  DOES  NOT  OCCUR  WITH  RESPECT  TO  ALL
DEFENDANTS  AT  LEAST THIRTY DAYS PRIOR TO THE DATE STATED IN THE NOTICE
OF MOTION FOR SERVICE OF ANSWERING PAPERS, THE PLAINTIFF MAY SET  A  NEW
HEARING  DATE  BY SERVING AN AMENDED NOTICE OF MOTION. THERE MAY BE ONLY
ONE HEARING DATE FOR ALL DEFENDANTS  UNDER  THIS  SECTION.  THE  AMENDED
NOTICE SHALL SET A NEW RESPONSE DATE FOR SERVICE OF ANSWERING PAPERS AND
A  NEW  HEARING  DATE  WHICH SHALL COMPLY WITH THE REQUIREMENTS OF PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION. WITH RESPECT  TO  ANY  DEFENDANT
WHO  HAS BEEN SERVED WITH THE SUMMONS AND ORIGINAL NOTICE OF MOTION, THE
AMENDED NOTICE OF MOTION MAY BE SERVED ON SUCH DEFENDANT IN  THE  MANNER
SET FORTH UNDER RULE TWENTY-ONE HUNDRED THREE OF THIS CHAPTER.
  (5)  NO DEFAULT JUDGMENT MAY BE ENTERED PURSUANT TO SUBDIVISION (A) OF
SECTION THIRTY-TWO HUNDRED FIFTEEN OF THIS ARTICLE PRIOR TO THE  HEARING
DATE OF THE MOTION.
  (D) DECISION ON THE MOTION; RELIEF. THE COURT SHALL DENY THE MOTION IF
IT  DETERMINES THAT NONE OF THE CRITERIA SET FORTH IN SUBDIVISION (A) OF
THIS SECTION IS SATISFIED. OTHERWISE,  THE  CRITERIA  FOR  DECIDING  THE
MOTION  SHALL  BE IDENTICAL TO THOSE APPLICABLE WITH RESPECT TO A MOTION
UNDER RULE THIRTY-TWO HUNDRED TWELVE OF  THIS  ARTICLE.  THE  COURT  MAY
ENTER  SUCH ORDERS AND GRANT SUCH RELIEF AS ARE PROVIDED IN RULE THIRTY-
TWO HUNDRED TWELVE OF THIS ARTICLE. IF SUMMARY JUDGMENT DISPOSING OF THE
MOTION IN ITS ENTIRETY IS NOT GRANTED, THE MOVING AND  ANSWERING  PAPERS
SHALL BE DEEMED THE COMPLAINT AND ANSWER, RESPECTIVELY, UNLESS THE COURT
ORDERS  PLEADINGS  BE  SERVED,  IN  WHICH CASE, THE COMPLAINT AND ANSWER
SHALL BE SERVED WITHIN SUCH TIME AS THE COURT SHALL ORDER.
  (C) ACTIONS AGAINST CONSUMERS. THIS SECTION IS INAPPLICABLE WHERE  THE
PLAINTIFF'S  CLAIM  IS  BASED  UPON A TRANSACTION ENTERED INTO BETWEEN A
CREDITOR, SELLER, TRANSFEROR OR LESSOR  AS  ONE  PARTY  WITH  A  NATURAL
PERSON  WHO  IS  THE  DEBTOR,  BUYER, TRANSFEREE OR LESSEE AS THE SECOND
PARTY, AND THE MONEY, OTHER PROPERTY OR SERVICES WHICH ARE  THE  SUBJECT
OF  THE  TRANSACTION  ARE  PRIMARILY  FOR  PERSONAL, FAMILY OR HOUSEHOLD
PURPOSES.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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