Legal Opinion
Giaquinto v. Long Island Rubbish Removal Eastern Corp.
New York Supreme Court
Decided May 2, 2011PublishedCited by 2 opinions
1Opinion of the Court
*263OPINION OF THE COURT
Elizabeth H. Emerson, J.
It is ordered that this motion by the plaintiff for summary judgment in lieu of complaint is dismissed.
A motion for summary judgment in lieu of complaint is a form of action (see Green v State of New York, 16 Misc 3d 434, 436 [2007]). Under CPLR 304, an action in Supreme Court ordinarily is commenced by filing a summons and complaint or summons with notice. CPLR 3213 provides a variation in which the summons is accompanied by a notice of motion and supporting papers in lieu of a complaint. It is the filing and service of the summons with notice or…
2Cases cited4 opinions
- Parker v. MackNew York Court of Appeals · 1984
- Miller v. WatersAppellate Division of the Supreme Court of the State of New York · 2008
- Sangiacomo v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2003
- Green v. StateNew York Court of Claims · 2007
3Cited by2 opinions
- O'Brien v. ContrerasAppellate Division of the Supreme Court of the State of New York · 2015
- McCord v. GhazalNew York Supreme Court · 2014