Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 3213 allows a plaintiff to commence an action "based upon an instrument for the payment of money only" by serving a summons and notice of motion for summary judgment and supporting papers in lieu of a complaint. "[A] document comes within CPLR 3213 `if a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms'" (Weissman v Sinorm...
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