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PERETT v. AM. EXPRESS TRAVEL

145 Misc.2d 231 (1989)

Sophia Perett, as Assignee of Henrich Barel, et al., Plaintiffs, v. American Express Travel Related Services Company, Inc., Defendant.

Civil Court of the City of New York, Kings County.

September 27, 1989

Attorney(s) appearing for the Case

Jonathan S. Roller for plaintiffs. Friend & Reiskind for defendant.

MARGARET CAMMER, J.

Plaintiffs are suing, utilizing CPLR 3213, to recover $13,000 for lost/stolen American Express Travelers Cheques (travelers cheques) purchased while plaintiff Henrich Barel was traveling in Europe.

Motions for summary judgment in lieu of a complaint may be used pursuant to CPLR 3213 when the lawsuit is based "upon an instrument for the payment of money only". (Seaman-Andwall...

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