Order, entered August 13, 1964, granting plaintiff's motion for summary judgment, unanimously reversed, on the law, with $30 costs and disbursements to the appellant and the motion denied.
Plaintiff moved for summary judgment at the time of service of summons. Such procedure is permissible when the "action is based upon a judgment or instrument for the payment of money only" (CPLR 3213). It appears from the moving papers that plaintiff finances the purchase of automobile...
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