N.Y. CVP. LAW § 3213 : NY Code - Section 3213: Motion for summary judgment in lieu of complaint

Search N.Y. CVP. LAW § 3213 : NY Code - Section 3213: Motion for summary judgment in lieu of complaint

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.