Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 25, 2014 |
referred to judiciary |
Assembly Bill A9404
2013-2014 Legislative Session
Sponsored By
WEPRIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-A9404 (ACTIVE) - Details
2013-A9404 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9404 I N A S S E M B L Y April 25, 2014 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to motions for summary judgment in lieu of complaint THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3213 of the civil practice law and rules, as amended by chapter 210 of the laws of 1969, is amended to read as follows: S 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] (A) MOTION IN LIEU OF COMPLAINT. THE plaintiff may serve, with the summons, a notice of motion for summary judgment [and the], WITH supporting papers [in lieu of a complaint] DESCRIBED IN THIS SECTION, WHEN THE ACTION IS BASED SOLELY UPON: (1) ANY JUDGMENT, (2) AN INSTRUMENT FOR THE PAYMENT OF MONEY ONLY, (3) ANY OTHER WRITING, SIGNED BY THE DEFENDANT, THAT CONTAINS A CLEAR, UNAMBIGUOUS, ABSOLUTE, UNCONDITIONAL AND IRREVOCABLE OBLIGATION FOR THE PAYMENT OF MONEY IN A SUM CERTAIN OR IN A SUM WHICH CAN BY COMPUTATION BE MADE CERTAIN, OR (4) A SIGNED GUARANTY, SURETYSHIP AGREEMENT, UNDERTAKING OR BOND SECURING AN OBLIGATION DESCRIBED IN PARAGRAPH (1), (2) OR (3) OF THIS SUBDIVISION. [The summons served with such motion papers shall require the defend- ant 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 there- for, 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.] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14642-02-4
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