Legislation
SECTION 1004
CPLR § 3213 applicable; return time varied
Uniform District Court Act (UDC) CHAPTER 565, ARTICLE 10
§ 1004. CPLR § 3213 applicable; return time varied.
CPLR § 3213, relating to a motion for summary judgment in lieu of
complaint, shall be applicable in this court, except that the minimum
period for return of the motion shall be as provided by § 402 of this
act for answering a summons, based upon the time and method of service.
The summons served with such motion papers shall instruct the defendant
to answer as provided in the accompanying notice of motion. If the
plaintiff adds days to the period for return provided herein, he may
require the defendant to serve a copy of his answering papers upon
plaintiff an equal number of days prior to such return day.
CPLR § 3213, relating to a motion for summary judgment in lieu of
complaint, shall be applicable in this court, except that the minimum
period for return of the motion shall be as provided by § 402 of this
act for answering a summons, based upon the time and method of service.
The summons served with such motion papers shall instruct the defendant
to answer as provided in the accompanying notice of motion. If the
plaintiff adds days to the period for return provided herein, he may
require the defendant to serve a copy of his answering papers upon
plaintiff an equal number of days prior to such return day.