Commercial division update: Motions for summary judgment in lieu of complaint

In his July 13, 1885, diary entry, Thomas Edison wrote: “A lawsuit is the suicide of time.” Almost a century and a half later, few litigants would dispute this proposition.

While plaintiffs attorneys frequently search for ways to expedite reaching final judgment, few are successful. To the relief of a certain category of creditors, New York offers an avenue out of this quagmire. Creditors seeking recovery on “an instrument for the payment of money only” may avail themselves of an expedited process under CPLR Section 3213, a motion for summary judgment in lieu of complaint.

In this update, Thomas Hall and Judith Archer examine recent Commercial Division decisions addressing some of the factors that can render an instrument too complex, the payment obligation too conditional, or the sum due too uncertain to qualify for Section 3213 relief.

Read the full New York Law Journal article, "Commercial division update: Motions for summary judgment in lieu of complaint."