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SEAMAN-ANDWALL CORP. v. WRIGHT MACH.

31 A.D.2d 136 (1968)

Seaman-Andwall Corporation, Appellant, v. Wright Machine Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1968.

Attorney(s) appearing for the Case

Stanley Geller of counsel (William J. Butler and Edward I. Kramer with him on the brief; Butler, Jablow & Geller, attorneys), for appellant.

Paul L. Ross of counsel (Howard L. Jacobs with him on the brief; Wolf Popper Ross Wold & Jones, attorneys), for Wright Machine Corporation and another, respondents.

Murray I. Gurfein of counsel (Goldstein, Gurfein, Shames & Hyde, attorneys), for Victor Muscat, respondent.

BOTEIN, P. J., STEVENS, EAGER and CAPOZZOLI, JJ., concur.

STEUER, J.

Plaintiff moves for summary judgment pursuant to CPLR 3213. The relevant portion of the section reads as follows: "When an action is based upon a judgment or instrument for the payment of money only, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint." The summons was accompanied by a notice of motion supported by an affidavit...

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