Plaintiff-appellant Shearson Lehman Hutton, Inc. seeks a judgment in lieu of complaint (CPLR 3213) on a note guaranteed by defendant-respondent Harvey Myerson.
The motion court denied plaintiff's summary judgment motion holding that the note and guarantee are not "instruments for the payment of money only" because the note and guarantee refer to the settlement agreement for the definition of "default."
The default here is entirely monetary. To the extent that...
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