Commencing a Lawsuit: Motion for Summary Judgment in Lieu of Complaint (NY)

Summary

This practice note takes a deep look at the procedural mechanism that allows a plaintiff to initiate an action in New York State Supreme Court by filing a motion for summary judgment in lieu of a complaint under New York Civil Practice Law and Rules (C.P.L.R.) Section 3213. Specifically, this practice note reviews when it is appropriate to file for summary judgment, including exploring the basis for the motion as an instrument of payment of money only or on a judgment; how to move for summary judgment in lieu of complaint; serving the summons and motion and related timing issues associated with the different methods of service; responding to the motion in lieu of complaint; and how courts decide the motion.