In the eyes of these authors, CPLR 3213 is perhaps the most unheralded procedural device in New York state court practice. CPLR 3213 allows litigants to quickly and efficiently enforce instruments for the payment of money only or a previously rendered judgment. Under CPLR 3213, a party seeking to enforce such an instrument or a judgment can initiate an action by immediately filing a summary judgment motion, with succinct supporting papers, instead of being forced to file a complaint and await the outcome of discovery before moving for summary judgment. This is a major benefit to lenders and other parties who are in the midst of simple, straightforward disputes involving judgments or instruments for the payment of money only because it provides a streamlined mechanism by which they can obtain a New York judgment for the money to which they are entitled, right at the outset of a case.
Procedure Under CPLR 3213
CPLR 3213 states: “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.”
