S T A T E O F N E W Y O R K
________________________________________________________________________
4280
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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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REPEALED and a new section 3213 is added to read as follows:
§ 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 THIRTY-TWO
HUNDRED TWELVE 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.
LBD07391-01-9
A. 4280 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 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 ARE 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.
(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.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.