Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1004
CPLR § 3213 applicable; return time varied
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 10
§ 1004. CPLR § 3213 applicable; return time varied. CPLR § 3213,
relating to a motion for summary judgment in lieu of complaint, shall be
applicable in this court, except that the minimum period for return of
the motion shall be as provided by § 402 of this act for answering a
summons, based upon the time and method of service. The summons served
with such motion papers shall instruct the defendant to answer as
provided in the accompanying notice of motion. If the plaintiff adds
days to the period for return provided herein, he may require the
defendant to serve a copy of his answering papers upon plaintiff an
equal number of days prior to such return day.