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JOSWICK v. ROSSI

190 A.D.2d 656 (1993)

Philip Joswick et al., Respondents, v. Paul Rossi et al., Appellants

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

February 1, 1993

Ordered that the judgment is affirmed, with costs.

We reject the defendants' contention that since the promissory note in question refers to a mortgage to define events of default, the note does not qualify as an instrument for the payment of money pursuant to CPLR 3213. As it is undisputed that no such mortgage was ever in fact executed, there is no other document to look at to define an event of default. Thus, the plaintiffs...

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