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CHANNEL EXCAVATORS v. AMATO CORP.

48 Misc.2d 429 (1965)

Channel Excavators, Inc., Plaintiff, v. Amato Trucking Corporation, Defendant.

Supreme Court, Special Term, Nassau County.

December 8, 1965

Attorney(s) appearing for the Case

Sheldon J. Sanders for plaintiff. George B. McPhillips for defendant.

JOSEPH LIFF, J.

Motion for an order for summary judgment in lieu of complaint pursuant to CPLR 3213 is denied. The plaintiff proceeds on a paper which is a bill or statement form of the defendant containing the words "We owe Channel Excavators" followed by an amount. This paper is unsigned. It is not an "instrument for the payment of money only" as prescribed by 3213 (supra). To come within the section...

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