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ALL-O-MATIC CORP. v. SHIELDS

59 Misc.2d 199 (1969)

All-O-Matic Manufacturing Corporation, Successor to W. & B. Industries, Inc., Plaintiff, v. Joseph W. Shields et al., Defendants.

District Court of Nassau County, First District.

March 19, 1969

Attorney(s) appearing for the Case

Royall, Koegel & Wells for plaintiff.

BERNARD TOMSON, J.

Plaintiff, a chattel mortgagee, has attempted to bring an action against the mortgagors, utilizing the provisions of CPLR 3213, which authorizes a plaintiff to commence his action by service of a summons with a notice of motion for summary judgment and the supporting papers in lieu of a complaint, when his "action is based upon a judgment or instrument for the payment of money only". Plaintiff's affidavit in this instance recites that...

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