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.