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Associates Cap. Serv. Corp. v. Lichtenstein

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1983
96 A.D.2d 1089 (N.Y. App. Div. 1983)

Summary

holding a guaranty "of all the covenants and conditions to be performed" under a lease is not an instrument for the payment money only

Summary of this case from Ambro Realty, LLC v. Landis

Opinion

September 26, 1983


In an action allegedly based upon an instrument for the payment of money only, commenced pursuant to CPLR 3213 by service of a summons and notice of motion for summary judgment in lieu of a complaint, defendant Abraham Lichtenstein appeals, as limited by his brief, (1) from so much of an order of the Supreme Court, Kings County (Feldman, J.), dated September 17, 1982, as granted summary judgment against him, and (2) from so much of a judgment of the same court, dated October 20, 1982, as awarded plaintiff judgment against appellant in the principal sum of $20,059.85. Appeal from the order dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and plaintiff's motion for summary judgment as against appellant is denied. Plaintiff sued upon a guarantee by appellant of all the covenants and conditions to be performed by Silent Trucking Corp. (of which appellant is a principal) under a lease. The guarantee is not "an instrument for the payment of money only" upon which an action by means of a motion for summary judgment in lieu of a complaint pursuant to CPLR 3213 may be commenced (see Associated Capital Servs. Corp. v Lichtenstein, 94 A.D.2d 736). Accordingly, relief pursuant to CPLR 3213 must be denied. Mollen, P.J., Mangano, Thompson and Niehoff, JJ., concur.


Summaries of

Associates Cap. Serv. Corp. v. Lichtenstein

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1983
96 A.D.2d 1089 (N.Y. App. Div. 1983)

holding a guaranty "of all the covenants and conditions to be performed" under a lease is not an instrument for the payment money only

Summary of this case from Ambro Realty, LLC v. Landis
Case details for

Associates Cap. Serv. Corp. v. Lichtenstein

Case Details

Full title:ASSOCIATES CAPITAL SERVICES CORPORATION OF NEW JERSEY, Respondent, v…

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

Date published: Sep 26, 1983

Citations

96 A.D.2d 1089 (N.Y. App. Div. 1983)

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