This is a motion for summary judgment in lieu of a complaint under CPLR 3213 which permits the "motion-action" upon any judgment or when an action is based upon "an instrument for the payment of money only" (L. 1969, ch. 210).
Plaintiff is the mortgagee holder of a bond and mortgage executed by the defendant for $120,000 payable in three equal $40,000 installments (plus interest at 6½%) due December 30, 1969, June...
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