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EUROPEAN AM. BANK v. COHEN

183 A.D.2d 453 (1992)

European American Bank, Respondent, v. Arthur G. Cohen, Appellant

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

May 12, 1992

There is no merit to defendant's contention that the note is not an instrument for the payment of money only within the meaning of CPLR 3213, containing, as it does, an unconditional promise to pay on a certain day the current balance in defendant's line of credit, an amount readily ascertainable from plaintiff's bank records (Schwartz v Turner Holdings, 139 A.D.2d 458, appeal dismissed 72 N.Y.2d 949

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