Q: What is the correct section under NYS CPLR to request a motion for Accelerated Judgment ( Artic
Westchester NY What is the correct section under NYS CPLR to request a motion for Accelerated Judgment ( Article 32?? or some other Article) to ask for the return of the down payment when a contract to purchase a house cannot be fulfilled due to the sellers house under construction is not completed and therefor is not habitable and does not have a validly issued certificate of occupancy?
A: Direct answer to your question is 3211 (summary judgment in lieu of complaint) but you cannot use this section for your problem. You are going to have to do a conventional suit.
A:
Article 32 covers a number of different accelerated judgment applications that can be made in NY, they are as follows:
R3210 - Confession of judgment before default on certain installment contracts invalid.
R3211 - Motion to dismiss.
R3212 - Motion for summary judgment.
3213 - Motion for summary judgment in lieu of complaint.
R3214 - Motions heard by judge supervising disclosure; stay of disclosure.
3215 - Default judgment.
R3216 - Want of prosecution.
R3217 - Voluntary discontinuance.
3218 - Judgment by confession.
R3219 - Tender.
R3220 - Offer to liquidate damages conditionally.
R3221 - Offer to compromise.
R3222 - Action on submitted facts.
You should consult with an attorney to help you prepare such an application to a court.
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