Order entered on May 12, 1965 granting the plaintiff summary judgment pursuant to CPLR 3213, unanimously reversed, on the law, the motion for summary judgment is denied and the judgment entered in favor of the plaintiff upon the order of May 12, 1965 is vacated, with $50 costs to the appellant.
Pursuant to CPLR 3213, application for summary judgment may be made without the necessity for the service of a complaint if the "action is based upon a judgment or instrument...
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