1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 57 Misc.2d
  5. 57 Misc.2d 139 (1968)
 

WENTZ v. HAVENDALE REALTY

57 Misc.2d 139 (1968)

Mary Wentz, Respondent, v. Havendale Realty Co., Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

May 15, 1968

Attorney(s) appearing for the Case

Victor J. Carbonaro for appellant. No appearance for respondent.

Concur — McDONALD, P. J., GROAT and SCHWARTZWALD, 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 a payment for a mortgage placement fee, in excess of that stipulated in a brokerage commission agreement, does not come within the scope of the quoted language (cf. Burnell v. Peoples Sav. Bank of Yonkers, 54 Misc.2d 140

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