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DRESDNER BANK v. MORSE INC.

115 A.D.2d 64 (1986)

Dresdner Bank Ag. (New York Branch), Appellant, v. Morse/Diesel, Inc., Respondent

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

March 11, 1986

Attorney(s) appearing for the Case

Eric A. Savage of counsel (David B. Wolf with him on the brief; Walter, Conston & Schurtman, P. C., attorneys), for appellant.

Leonard R. Berson of counsel (Savrin & Berson, attorneys), for respondent.

SANDLER, J. P., LYNCH, MILONAS and ROSENBERGER, JJ., concur.

SULLIVAN, J.

This is an action commenced by motion for summary judgment in lieu of complaint to recover $36,971.07, plus legal fees, on an agreement which absolutely and unconditionally guaranteed both payment and performance under a construction contract. The threshold question is whether such an agreement constitutes an "instrument for the payment of money only" within the contemplation of CPLR 3213 so as to...

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