SISTERS OF HOLY CHILD JESUS AT OLD WESTBURY, INC. v. PALLOTTA

2014-00117

131 A.D.3d 525 (2015)

14 N.Y.S.3d 704

2015 NY Slip Op 06504

SISTERS OF HOLY CHILD JESUS AT OLD WESTBURY, INC., Doing Business as HOLY CHILD ACADEMY, Respondent, v. SHANE PALLOTTA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 12, 2015.


Ordered that the order is affirmed, with costs.

"Pursuant to CPLR 3213, a party may commence an action by motion for summary judgment in lieu of complaint when the action is `based upon an instrument for the payment of money only or upon any judgment.' An instrument is considered to be for the payment of money only if it contains an unconditional promise to pay a sum certain over a stated period of time" (Lawrence v Kennedy, 95 A.D.3d 955<...

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