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CHIARELLA v. CHIARELLA

16 Misc.3d 575 (2007)

842 N.Y.S.2d 253

JOHN T. CHIARELLA, as Cotrustee and Beneficiary of the JOSEPHINE CHIARELLA FAMILY TRUST, Plaintiff, v. ROBERT A. CHIARELLA, as Cotrustee of the JOSEPHINE CHIARELLA FAMILY TRUST, et al., Defendants.

Supreme Court, Queens County.

May 14, 2007.

Attorney(s) appearing for the Case

Leeds, Morelli & Brown, P.C., Carle Place (Jennifer Ann Wunne of counsel), for plaintiff.

Ruskion, Moscou, Fatischek, P.C., Uniondale (Robert F. Regan of counsel), for Robert A. Chiarella, defendant.

OPINION OF THE COURT

ALLAN B. WEISS, J.

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...

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