Haber It is not often that a defendant can defeat a motion for summary judgment under CPLR § 3213. "> Under CPLR § 3213, a plaintiff may seek summary judgment in lieu of a complaint “ hen action is based .” 13 Takeaway CPLR § 3213 is designed to afford a speedy and efficient remedy by which to secure a judgment the payment of money only or upon a judgment. judgment provisions of CPLR § 3213, closer scrutiny was necessary because of the circumstances surrounding

Today’s Blog will discuss the requirement in subsection (a) of CPLR 3212 that a motion for summary judgment Summary judgment is a procedural device that, if successful, can efficiently bring a matter to resolution Indeed, “ ummary judgment is designed to expedite all civil cases by eliminating from the Trial Calendar The Appellate Division granted partial summary judgment.  “with the holding implicit in the Appellate Division’s decision that had the authority to move for accelerated

revisit the requirement in RPAPL 1351(1) that a foreclosure sale occur within 90 days of the date of the judgment The lender served motions for summary judgment and for a judgment of foreclosure and sale on the borrower A judgment of foreclosure and sale was entered on January 18, 2017, and a foreclosure sale was held on The borrower moved, pursuant to CPLR 5015(a)(1), to vacate the summary judgment order and the judgment RPAPL 1351(1) was amended, effective December 20, 2016, to provide that a judgment of foreclosure and

Freiberger Today’s article relates to summary judgment in lieu of complaint pursuant to CPLR 3213,[1] relevant part: 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 Where resort to extrinsic evidence is necessary to establish the amounts due on an instrument, accelerated judgment pursuant to CPLR 3213 is “inappropriate”.

Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to relevant part: 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 3213 is a procedural device that “is intended to provide a speedy and effective means of securing a judgment is superfluous, and even the delay incident upon waiting for an answer and then moving for summary judgment

Civil Relief Act (f/k/a the Soldiers’ and Sailors’ Civil Relief Act) (the “Act”) on obtaining a default judgment The defendants failed to appear, and the general contractor moved for, and was granted, a default judgment The following year, the defendants moved, pursuant to CPLR 5015(a) , to vacate the default judgment based The Court recognized that to succeed on a motion for leave to enter a default judgment, the plaintiff However, the instant appeal presents a more nuanced question: where a default judgment was improperly

“Summary judgment is a judgment entered by a court for one party and against another party without a Summary judgment motions can also simplify a trial (known as a motion for partial summary judgment) because A decision on a motion a motion for summary judgment is a final judgment from which the losing party How A Summary Judgment Motion Works In New York, summary judgment motions are governed by CPLR §§ 3212 Summary Judgment in Lieu of Complaint CPLR § 3213 provides for accelerated judgment, just like CPLR §

In order to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose The lender’s motion for, inter alia, summary judgment on its complaint, striking the borrower’s answer A judgment of foreclosure and sale was entered in 2020 (the “Judgment”). On the borrower’s appeal, the Second Department reversed the Judgment and denied the lender’s motion for summary judgment on the complaint, to strike the borrower’s answer and for an order of reference.

Haber In prior articles, we examined the motion for summary judgment in lieu of complaint under CPLR As explained below, summary judgment in lieu of complaint is available for an instrument for the payment CPLR § 3213: A Primer Under CPLR § 3213, a motion for summary judgment in lieu of complaint may be served Plaintiff brought the action seeking summary judgment in lieu of complaint against Guarantor. Takeaway CPLR § 3213 provides for accelerated judgment and does so at the outset of the litigation.

Under RPAPL 1371” , we discussed deficiency judgments.  The historical backdrop of deficiency judgments, and the enactment of RPAPL 1371 to remedy some of the A motion for a deficiency judgment, if made, must be made within ninety (90) days “of the consummation The calculation of a deficiency judgment was the issue decided on November 16, 2022, by the Appellate Supreme court agreed and entered a deficiency judgment in that amount in favor of the lender. 

pertinent part: 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 The First Department noted that CPLR 3213 “affords a speedy and efficient remedy to secure a judgment "> As set forth in CPLR 3213, the minimum time for the return date for a motion for summary judgment pursuant to CPLR 5015(a) due to “short” service of a motion for summary judgment in lieu of complaint

CPLR § 3213 is a procedural mechanism that allows a party to make a motion for summary judgment before filing a complaint in actions based upon “an instrument for the payment of money only or a judgment. issue was joined.” 2 The provision is “intended to provide a speedy and effective means of securing a judgment Slip Op. 51426(U) (Lebovits, J.) ( here ), a case involving a motion for summary judgment in lieu of Plaintiff moved for summary judgment in lieu of complaint to enforce a settlement agreement he entered