For claims to recover money due on an instrument, CPLR 3213 can provide a faster path to judgment than a plenary action—but only if its procedural requirements are strictly followed.
CPLR 3213 permits a party to move for summary judgment in lieu of complaint when the claim is based on an instrument for the payment
Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion. When responding to a Rule 19-a statement, the responding party should be thinking a couple moves ahead. The ultimate goal should be to make
As many practitioners are aware, the litigation process in New York often feels like a tortoise race, with many cases taking years to resolve. Section 3213 of the CPLR (“Summary Judgment in Lieu of Complaint”) is a bit of an outlier in New York practice, as it provides a mechanism to streamline cases without bearing