Opinion
23 Misc. 486 (JHR)
12-28-2023
ALGERIA LONG LEAP ASSET HOLDINGS, LLC, Plaintiff, v. BANQUE DE L'AGRICULTURE ET DU DEVELOPMENT RURAL et al., Defendants.
ORDER
JENNIFER H. REARDEN, DISTRICT JUDGE
Plaintiff Algeria Long Leap Asset Holdings, LLC attempted to initiate this action by filing a motion for summary judgment in lieu of a complaint. ECF No. 1. Pursuant to the Federal Rules of Civil Procedure, a “civil action is commenced by filing a complaint with the court.” Fed.R.Civ.P. 3. Although New York's Civil Practice Law and Rules permit a plaintiff in certain instances to “serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint,” see N.Y. C.P.L.R. 3213, Plaintiff “must follow the Federal Rules of Civil Procedure and cannot substitute New York State's rules for the conduct of proceedings in its state courts.” PaineWebber Inc. v. Nwogugu, No. 98 CIV. 2441 (DLC), 1998 WL 524900, at *1 n.3 (S.D.N.Y. Aug. 21, 1998).
ORDERED that this action is dismissed for failure to comply with Rule 3 of the Federal Rules of Civil Procedure. Plaintiff may commence a new civil action in accordance with the Federal Rules of Civil Procedure and the S.D.N.Y. Electronic Case Filing Rules & Instructions. Plaintiff is referred to the ECF Help Desk and/or the Civil Case Opening Unit of the Clerk's Office for procedural assistance.
The Clerk of Court is directed to terminate ECF No. 1 and to close this case.
SO ORDERED.