1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 53 Misc.2d
  5. 53 Misc.2d 453 (1967)
 

VANNI v. LONG IS. CITY SAV. & LOAN

53 Misc.2d 453 (1967)

Vincent Vanni, Appellant, v. Long Island City Savings & Loan Association, Respondent.

Supreme Court, Appellate Term, Second Department.

March 1, 1967

Attorney(s) appearing for the Case

Kaufmann & Friedman (Veit E. Kaufmann of counsel), for appellant. Haight Gardner Poor & Havens (Philip V. Moyles of counsel), for respondent.

Concur — GULOTTA, McDONALD and BRENNER, JJ.

Per Curiam.

The procedure for summary judgment in lieu of a complaint provided for in CPLR 3213 is available only in an action "based upon a judgment or instrument for the payment of money". Under the circumstances here shown, the instant action to recover moneys allegedly improperly paid by defendant under a written escrow agreement is not an action based upon an instrument for the payment of money only.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases