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HORNE v. LAW RESEARCH SERV., INC.

35 A.D.2d 931 (1970)

Charles W. Horne, Appellant, v. Law Research Service, Inc., Defendant-Respondent and Third-Party Plaintiff-Appellant-Respondent. Western Union Telegraph Co., Third-Party Defendant-Respondent-Appellant

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

December 10, 1970

The motion for summary judgment was properly brought by plaintiff pursuant to CPLR 3213, the note in question being "an instrument for the payment of money only". A prima facie case was made out by proof of the note and the failure to make the payments called for by its terms. (Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A.D.2d 136, 137.) The passing reference in the note to a right of conversion (which was provided for in the...

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