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BURNELL v. PEOPLES SAV. BANK OF YONKERS

54 Misc.2d 140 (1967)

Dorothy Burnell, Appellant, v. Peoples Savings Bank of Yonkers, Respondent.

Supreme Court, Appellate Term, Second Department.

June 7, 1967

Attorney(s) appearing for the Case

Robert E. Perin for appellant. Cerrato, Nayor & Edmiston (Alexander Yager of counsel), for respondent.

Concur — SCHWARTZWALD, FANELLI and BECKINELLA, JJ.

Per Curiam.

The procedure for summary judgment in lieu of a complaint is available only in an action "based upon a judgment or instrument for the payment of money" (CPLR 3213). The instant action to recover moneys allegedly paid because of economic duress, pursuant to a prepayment clause of a mortgage, is not such an action. (Cf. Signal Plan v. Chase Manhattan Bank, 23 A.D.2d 636; Matter of Silverman v. Manufacturers...

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