S T A T E   O F   N E W   Y O R K
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                                  2612

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred 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 repealing certain
  provisions 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REPEALED and a new section 3213 is added to read as follows: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 PARAGRAPH 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 3212 OF THIS
ARTICLE.  IN ADDITION, SUCH 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07727-01-5
              

A. 2612                             2

WHICH IS NOT LESS THAN THIRTY DAYS AFTER THE COMPLETION  OF  SERVICE  ON
THE DEFENDANT OF THE SUMMONS AND SUPPORTING PAPERS.
  (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 2103 OF THIS CHAPTER.
  (5)  NO DEFAULT JUDGMENT MAY BE ENTERED PURSUANT TO SUBDIVISION (A) OF
SECTION 3215 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 ARE IDENTICAL TO THOSE APPLICABLE WITH RESPECT TO A MOTION  UNDER
RULE  3212  OF THIS ARTICLE.   THE COURT MAY ENTER SUCH ORDERS AND GRANT
SUCH RELIEF AS ARE PROVIDED IN RULE 3212 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.
  (E)  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.