CPLR 3213 permits a plaintiff to serve a summons and notice of motion for summary judgment in lieu of a complaint in an action "based upon an instrument for the payment of money only". It is well settled, however, that this accelerated procedure is not available when the document sued upon "require[s] something in addition to the defendant's explicit promise to pay a sum of money" or when the defendant comes forward "with evidentiary proof sufficient to raise an issue as...
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