Plaintiff's motion for summary judgment in lieu of complaint should have been denied. Because the payment obligation in the parties' agreement is conditioned on defendant's having failed to operate the subject tug boat within a particular geographic area for at least 80% of its running time over a period of years, the agreement is not an instrument for the payment of money only, and accelerated judgment under CPLR 3213 is not available to plaintiff (see Kerin v Kaufman...
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