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,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.