NORTH CENT. PENNSYLVANIA REG'L PLANNING & DEV. COMM'N v. WOODWORTH


154 A.D.2d 913 (1989)

North Central Pennsylvania Regional Planning and Development Commission, Appellant, v. G. Read Woodworth et al., Respondents

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

October 6, 1989


Order unanimously reversed on the law without costs and plaintiff's motion granted, in accordance with the following memorandum:

Special Term erred in failing to grant plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213. Plaintiff sought relief based upon each of the two categories set forth in the statute, viz.: (1) the personal guarantee executed by the defendants as an instrument for the payment of money only and (2) the cognovit...

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