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No Triable Issue: The Limits of Fraudulent Inducement Against Clear Payment Terms Under CPLR 3213
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.
Jeffrey Haber
Jun 247 min read
Summary Judgment Sought Even Though Summary Judgment in Lieu of Complaint at Plaintiff’s Disposal
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.
Jeffrey Haber
Dec 31, 20256 min read
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