N.Y. CPLR § 3213

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3213 Motion for summary judgment in lieu of complaint § 3213. Motion for summary judgment in lieu of complaint. When anaction is based upon an instrument for the payment of money only or uponany judgment, the plaintiff may serve with the summons a notice ofmotion for summary judgment and the supporting papers in lieu of acomplaint. The summons served with such motion papers shall require thedefendant to submit answering papers on the motion within the timeprovided in the notice of motion. The minimum time such motion shall benoticed to be heard shall be as provided by subdivision (a) of rule 320for making an appearance, depending upon the method of service. If theplaintiff sets the hearing date of the motion later than the minimumtime therefor, he may require the defendant to serve a copy of hisanswering papers upon him within such extended period of time, notexceeding ten days, prior to such hearing date. No default judgment maybe entered pursuant to subdivision (a) of section 3215 prior to thehearing date of the motion. If the motion is denied, the moving andanswering papers shall be deemed the complaint and answer, respectively,unless the court orders otherwise. The additional notice required bysubdivision (j) of rule 3212 shall be applicable to a motion madepursuant to this section in any action to collect a debt arising out ofa consumer credit transaction where a consumer is a defendant.