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
                                ___________
 
 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 REPEALED and a new section 3213 is added to read as follows: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.