Practice point: On a CPLR 3213 motion, a plaintiff may supplement its papers in response to a defendant's arguments in order to
establish its entitlement to summary judgment in lieu of a complaint. Nothing that can be cured merely by adding papers should result in
a denial of the motion, unless it is a denial with leave to renew on
proper papers, pursuant to Siegel. Mere omissions from the affidavits that can be rectified by filing and serving additional affidavits
should be cured by a continuance or adjournment in order for the
additional affidavits to be served and filed.
Student note: If the motion is denied, the moving and answering papers shall be deemed the complaint
and answer, respectively, unless the court orders otherwise.
Case: Sea Trade Mar. Corp. v. Coutsodontis, NY Slip Op 05599 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: The first-in-time rule.
