Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client’s time and money and undermining the purpose of moving under CPLR 3213.
June 06, 2023 at 11:00 AM
7 minute read
For New York State litigators, moving for summary judgment in lieu of complaint pursuant to CPLR 3213 offers a quick, cost-effective approach to enforcing a lease guaranty. The accelerated procedure, if successful, allows the plaintiff to obtain a judgment relatively quickly and without engaging in costly and time-consuming discovery.
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