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. The minimum time such motion shall be noticed to be heard shall be as provided by subdivision (a) of rule 320 for making an appearance, depending upon the method of service. If the plaintiff sets the hearing date of the motion later than the minimum time therefor, he may require the defendant to serve a copy of his answering papers upon him within such extended period of time, not exceeding ten days, prior to such hearing date. No default judgment may be entered pursuant to subdivision (a) of section 3215 prior to the hearing date of the motion. If the motion is denied, the moving and answering papers shall be deemed the complaint and answer, respectively, unless the court orders otherwise. The additional notice required by subdivision (j) of rule 3212 shall be applicable to a motion made pursuant to this section in any action to collect a debt arising out of a consumer credit transaction where a consumer is a defendant.
§ 3213.Motion for summary judgment in lieu of complaint.
Article 32. Accelerated Judgment · Last amended 2022 · Last verified July 21, 2026
In one sentenceCPLR 3213 lets a plaintiff suing on a promissory note, negotiable instrument, or a judgment skip the complaint entirely and move for summary judgment with the summons, collapsing pleading and motion practice into a single early filing.
Full Text of CPLR 3213
Plain-English Summary
CPLR 3213 gives plaintiffs holding a claim for money only, on a note, a judgment, or another instrument that requires nothing more than payment of a fixed sum, a way around the ordinary sequence of complaint, answer, and discovery. Instead of drafting a complaint, the plaintiff serves the summons together with a notice of motion for summary judgment and the papers backing it up.
The notice of motion must give the defendant at least the minimum time CPLR 320(a) allows to appear, based on how the summons was served. A plaintiff who sets the hearing further out can also require the defendant to serve answering papers within an extended window, capped at ten days before the hearing date. Whatever schedule applies, the rule blocks entry of a default judgment before that hearing takes place, so a defendant always gets a real chance to respond before losing by default.
If the court denies the motion, the case doesn't start over. The moving papers become the complaint and the answering papers become the answer, unless the court says otherwise, and the case proceeds as an ordinary lawsuit from there. Actions to collect consumer debt carry one more layer: the additional notice CPLR 3212(j) requires for summary judgment motions against consumer debtors applies here too.
Frequently Asked Questions
What is a motion for summary judgment in lieu of complaint?
It is a shortcut under CPLR 3213 that lets a plaintiff serve a summons and a motion for summary judgment together, instead of filing a complaint and waiting through the ordinary pleading stages.
What qualifies as an instrument for the payment of money only under CPLR 3213?
The claim must rest on a document, such as a promissory note or a judgment, that requires nothing more than paying a fixed sum, without any other performance or interpretation of surrounding facts.
Can CPLR 3213 be used to sue on a promissory note?
Yes. A note that unconditionally promises to pay a sum certain is the classic example of the instrument this rule was written for.
How much time does a defendant get to respond to a CPLR 3213 motion?
The notice of motion must give the defendant at least the minimum appearance time CPLR 320(a) sets for the method of service used, and the plaintiff may extend that period by up to ten additional days before the hearing.
What happens if a CPLR 3213 motion is denied?
The moving and answering papers automatically become the complaint and answer, so the case moves forward as an ordinary lawsuit unless the court directs otherwise.
Can a plaintiff get a default judgment while a CPLR 3213 motion is pending?
No. CPLR 3213 blocks entry of a default judgment before the hearing date set in the motion, giving the defendant a full chance to respond first.
Does CPLR 3213 apply to guaranties?
Courts have applied it to guaranties that unconditionally promise to pay a fixed sum, though a guaranty that depends on proving facts outside the document itself will not qualify.
Advisory Committee Notes
This section is new. It is intended to provide a speedy and effective means of securing a judgment on claims presumptively meritorious. In the actions covered, a formal complaint is superfluous and even the delay incident upon waiting for an answer and then moving for summary judgment is needless. Similar procedures are authorized in most states for limited classes of suits, such as a surety’s action against his principal or co-surety and actions against certain officers, and an analogue may be found in our own former article 78 proceeding. No provision precisely like this one has been found, although Virginia and West Virginia have procedures for instituting an action by notice of motion for judgment. See, e.g., Fowler, Virginia Notice of Motion Procedure, 24 Va L Rev 711 (1938). The last five words allow the court to require pleadings in the event that the moving and answering papers do not define the issues satisfactorily.
Amendment History
Add, L 1962, ch 308; amd, L 1965, ch 350, § 1; L 1967, ch 377, § 1; L 1969, ch 210, § 1, eff Sept 1, 1969; L 2021, ch 593, § 10, effective May 7, 2022.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: summary judgment in lieu of complaint New YorkCPLR 3213 motionsuing on a promissory note New Yorkmotion for summary judgment in lieu of complaintinstrument for the payment of money only CPLRCPLR 3213 guaranty enforcementexpedited judgment on a note New York