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EFFIWATT v. NEW YORK CITY DEPT. OF FIN.

101833/2017. Appeal No. 11954. Case No. 2019-3067.

187 A.D.3d 434 (2020)

129 N.Y.S.3d 782

2020 NY Slip Op 05448

James Effiwatt, Appellant, v. New York City Department of Finance, Respondent.

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

Decided October 6, 2020.

The document upon which plaintiff relies in this action does not qualify as an instrument for the payment of money only (CPLR 3213; see PDL Biopharma, Inc. v Wohlstadter, 147 A.D.3d 494 [1st Dept 2017]). Without "defendant's explicit promise to pay a sum of money" and proof of indebtedness, the motion court properly denied the motion for summary judgment in lieu of complaint and directed plaintiff to serve a summons and complaint...

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