EST. OF SILVERMAN v. MFRS. HANOVER CO.


43 Misc.2d 675 (1964)

Estate of Irving Silverman, Deceased, et al., Appellants, v. Manufacturers Hanover Trust Company, Respondent-Appellant, and Evelyn Moses, Respondent.

Supreme Court, Appellate Term, Kings County.

June 3, 1964


Attorney(s) appearing for the Case

Waldman & Lobenthal (Irving Waldman of counsel), for appellants. Perry S. Propp for respondent. Simpson Thacher & Bartlett (Walter J. Josiah of counsel), for respondent-appellant.

Concur — DI GIOVANNA, MARGETT and SCHWARTZWALD, JJ.


Per Curiam.

The remedy of summary judgment in lieu of a complaint, as provided for in CPLR 3213, is available only in an action "based upon a judgment or instrument for the payment of money only". The instant action, to recover moneys alleged to have been paid out improperly by defendant bank upon a check issued by plaintiffs' decedent, does not come within either of these categories.

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