STEVENS v. PHLO CORPORATION


288 A.D.2d 56 (2001)

733 N.Y.S.2d 11

GILTNER B. STEVENS, Respondent, v. PHLO CORPORATION, Appellant.

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

Decided November 13, 2001.


The subject instrument is not disqualified from CPLR 3213 treatment by reason of the provision that gave defendant the option of twice extending the date of payment for specified periods of time upon condition that it issue plaintiff warrants for the purchase of a specified number of its shares of stock. Such provision does not require additional performance by plaintiff as a condition precedent to payment, or otherwise make defendant's promise to pay something other than...

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