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GUELE v. SCAIANO

56 Misc.2d 1040 (1968)

Joseph Guele et al., Respondents, v. Anthony Scaiano, as Escrowee, Appellant.

Supreme Court, Appellate Term, Second Department.

April 17, 1968

Attorney(s) appearing for the Case

Anthony Scaiano, appellant in person. Glabman & Rubenstein (Jerome M. Leitner of counsel), for respondents.

Concur — McDONALD, P. J., GROAT and RINALDI, JJ.

Per Curiam.

The remedy of summary judgment in lieu of complaint is available only in an action "based upon a judgment or instrument for the payment of money only" (CPLR 3213). The instant suit to recover an escrow deposit, under the terms of a contract to purchase a house, does not come within the purview of the quoted language (Embassy Ind. v. S M L Corp., 45 Misc.2d 91

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