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BIG K KOSHER DAIRY REST., INC. v. GROSS

198 A.D.2d 205 (1993)

603 N.Y.S.2d 495

Big K Kosher Dairy Restaurant, Inc., Respondent, v. Sol Gross et al., Appellants

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

November 1, 1993

Ordered that the order is affirmed, with costs.

It is true that "[a] lease is not an instrument for the payment of money only within the contemplation of CPLR 3213" (see, Midda Realty Corp. v Ci-Tex, Inc., 50 A.D.2d 600), and accordingly, the instant action should not have been brought pursuant to that statutory provision. However, the defendants were served with a complaint...

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