Summary judgment in lieu of a complaint under CPLR 3213 was central to the decision in Newmark Partners, L.P. v. Singer, 2026 N.Y. Slip Op. 03923 (1st Dept. June 23, 2026), the subject of today’s article, where the Appellate Division, First Department, affirmed the enforcement of a settlement agreement arising from a failed $13 million transaction.

New York’s CPLR 3213 allows a plaintiff to seek summary judgment in lieu of a complaint when liability for a sum certain is evident from an instrument for the payment of money only, such as a promissory note or unconditional guaranty. This expedited procedure avoids delays inherent in filing and answering a complaint.

By Jeffrey M. Haber Your client comes to you with a complaint that was recently served on him. Among other claims, the plaintiff contends that your client breached his agreement to sell widgets. After discussing the claims with your client, you decide to file an answer. Your analysis of the contract claim leads you to conclude that the contract is void because performance would require your client to violate certain labor laws. In addition to general denials, you assert sever