Lyons v. Cates Consulting Analysts

Full title: JOHN J. LYONS, Respondent, v. CATES CONSULTING ANALYSTS, INC., Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 2, 1985

64 N.Y.2d 1025 (N.Y. 1985)

489 N.Y.S.2d 65

478 N.E.2d 206

Opinion

Decided April 2, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Orest V. Maresca, J.

Gerald E. Ross for appellant.

Donald J. Williamson for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in so much of the memorandum at the Appellate Division as deals with the question as to whether the defense and counterclaim defeat plaintiff's motion for summary judgment ( 88 A.D.2d 526). In view of defendant's concession that the instrument sued on is one for money only within the meaning of CPLR 3213, we do not pass on that issue.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.