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
summary judgment in lieu of complaint
Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”
By Farrell Fritz P.C. on
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”…
Summary Judgment 102: Make Sure Your “Money Instrument” Is In Tune With CPLR 3213
By Farrell Fritz P.C. on
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…