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This entry was published on 2022-05-13
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Motion for summary judgment in lieu of complaint
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 32
§ 3213. Motion for summary judgment in lieu of complaint. When an
action is based upon an instrument for the payment of money only or upon
any judgment, the plaintiff may serve with the summons a notice of
motion for summary judgment and the supporting papers in lieu of a
complaint. The summons served with such motion papers shall require the
defendant to submit answering papers on the motion within the time
provided in the notice of motion. The minimum time such motion shall be
noticed to be heard shall be as provided by subdivision (a) of rule 320
for making an appearance, depending upon the method of service. If the
plaintiff sets the hearing date of the motion later than the minimum
time therefor, he may require the defendant to serve a copy of his
answering papers upon him within such extended period of time, not
exceeding ten days, prior to such hearing date. No default judgment may
be entered pursuant to subdivision (a) of section 3215 prior to the
hearing date of the motion. If the motion is denied, the moving and
answering papers shall be deemed the complaint and answer, respectively,
unless the court orders otherwise. The additional notice required by
subdivision (j) of rule 3212 shall be applicable to a motion made
pursuant to this section in any action to collect a debt arising out of
a consumer credit transaction where a consumer is a defendant.