Section 1004. CPLR § 3213 applicable; return time varied


Latest version.
  • 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.