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JONES v. CHC INDUS., INC.

63 A.D.2d 1119 (1978)

Allan F. Jones, Plaintiff, v. CHC Industries, Inc., Defendant. (Action No. 1.) Allan F. Jones, Respondent, v. CHC Industries, Inc., et al., Appellants. (Action No. 2.)

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

June 2, 1978

Judgment unanimously reversed, with costs, and motion denied.

Memorandum:

Plaintiff's motion for summary judgment under CPLR 3213 was improperly granted. Such section provides for accelerated judgment when an action is based upon an instrument for the payment of money only. Plaintiff to prevail on a motion under this section must establish a prima facie case by proof of the instrument providing for the payment of...

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