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ORENSTEIN v. ORENSTEIN

59 Misc.2d 565 (1969)

Lina Orenstein, Respondent, v. Robert Orenstein, Appellant.

Supreme Court, Appellate Term, Second Department.

March 5, 1969

Attorney(s) appearing for the Case

Milton M. Meyer for appellant. Dikman & Dikman (Michael Dikman of counsel), for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

Per Curiam.

The remedy of summary judgment in lieu of a 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 payments pursuant to a separation agreement, does not come within the purview of the quoted language (see, Signal Plan v. Chase Manhattan Bank, 23 A.D.2d 636, 637; Guele v. Scaiano, 56...

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