Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly denied plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213 on the ground that the action is not based upon an instrument for the payment of money only. The documentary evidence submitted by plaintiff "fails to recite any agreement by the parties on several vital terms" (Mesaba Serv. & Supply Co. v Freedman & Son,
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