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New York Commercial Division Practice

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CPLR 3213

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Narrow Escape of Expedited Judgment Under CPLR 3213 Due to Ambiguous Guaranty

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By Becky Baek on May 13, 2022
Posted in Breach of Contract, Motions

As readers of this blog are aware—click here, here, here, and here for related posts—the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading and motion practice into one step, allowing a summary judgment motion to be made before…

Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”

By Farrell Fritz P.C. on July 20, 2021
Posted in Defenses, Motions
Inseparable,Word,In,A,Dictionary.,Inseparable,Concept.

In one of my previous posts, I discussed the basic requirements for bringing a CPLR 3213 motion for summary judgment in lieu of complaint.  One such requirement (and the one that generates the largest body of case law), is that the document upon which the motion is based qualify as either a “money instrument”…

shutterstock_77629153 (1)

Summary Judgment 102: Make Sure Your “Money Instrument” Is In Tune With CPLR 3213

By Farrell Fritz P.C. on March 29, 2019
Posted in Motions

Summary judgment plays an important role in litigation.  So important, in fact, that many of our blog posts are devoted to the topic.  Last week, my colleague Matthew Donovan discussed the policy against allowing successive summary judgment motions.  A few weeks prior to that, in Summary Judgment 101, I discussed the basic, yet…

When Summary Doesn’t Mean Summary: Getting a Second Bite at Summary Judgment

Photo of Matthew D. Donovan
By Matthew D. Donovan on March 21, 2019
Posted in Motions

There is a general policy in New York against allowing multiple or successive motions for summary judgment. And it stands to reason. After all, the word “summary,” from the Latin summa (as in Thomas Aquinas), refers to the essence, epitome, or totality of a thing; to a comprehensive statement that captures the whole, often…

Court Says Uber Makes Things Difficult But Not “Impossible” for NYC Taxis

Photo of Matthew D. Donovan
By Matthew D. Donovan on August 9, 2018
Posted in Defenses, Motions
taxi

I made two observations coming out of Grand Central Station during my morning commute last week. First, the city really stinks after a string of oppressively hot and humid summer days. Second, there appears to be a temporary taxi stand, perhaps occasioned by the ongoing construction of the new One Vanderbilt building, just outside…

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