§ 3213. Motion for summary judgment in lieu of complaint.

240 words·~1 min read·/ny/civil-practice-law-rules/accelerated-judgment/3213

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§ 3213. Motion for summary judgment in lieu of complaint. 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 papers in lieu of a

complaint. The summons served with such motion papers shall require the

defendant to submit answering papers on the motion within the time

provided in the notice of motion. The minimum time such motion shall be

noticed to be heard shall be as provided by subdivision

(a)of rule 320

for making an appearance, depending upon the method of service. If the

plaintiff sets the hearing date of the motion later than the minimum

time therefor, he may require the defendant to serve a copy of his

answering papers upon him within such extended period of time, not

exceeding ten days, prior to such hearing date. No default judgment may

be entered pursuant to subdivision

(a)of section 3215 prior to the

hearing date of the motion. If the motion is denied, the moving and

answering papers shall be deemed the complaint and answer, respectively,

unless the court orders otherwise. The additional notice required by

subdivision

(j)of rule 3212 shall be applicable to a motion made

pursuant to this section in any action to collect a debt arising out of

a consumer credit transaction where a consumer is a defendant.