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BAKER v. GUNDERMANN

52 Misc.2d 639 (1966)

Clara R. Baker, Plaintiff, v. Joseph A. Gundermann et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 16, 1966

Attorney(s) appearing for the Case

Andromidas, McKnight, Pratt, Caemmerer & Pitcher for plaintiff. Warburton, Hyman, Deeley & Connolly for Joseph A. Gundermann and another, defendants. F. Stuart Keene, defendant in person.

THEODORE VELSOR, J.

In this action to recover upon two written instruments, plaintiff moves for summary judgment pursuant to CPLR 3213 in lieu of a formal complaint.

Initially it is incumbent upon this court to determine whether the writings alluded to come within the purview of the statute (CPLR 3213), permitting the motion papers, in lieu of a complaint, to accompany the summons when, in the words...

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