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TONGKOOK AMERICA, INC. v. BATES

295 A.D.2d 202 (2002)

743 N.Y.S.2d 709

TONGKOOK AMERICA, INC., Respondent, v. JASON J. BATES et al., Appellants.

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

Decided June 18, 2002.

Contrary to defendants' contentions, the settlement agreement in question can form the basis of a motion for summary judgment in lieu of a complaint since it is an instrument for the payment of money only (see, J.D. Structures v Waldbaum, 282 A.D.2d 434). Plaintiff, accordingly, made out a prima facie case by proof of the instrument and defendants' failure to make payments required pursuant thereto (see, Interman Indus. Prods...

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