Midda Realty Corp. v. Ci-Tex, Inc.

Full title: MIDDA REALTY CORP., Appellant, v. CI-TEX, INC., Respondent

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

Date published: Nov 17, 1975

50 A.D.2d 600 (N.Y. App. Div. 1975)

Opinion

November 17, 1975

In an action to recover rent, attorneys' fees and other charges, under a written lease, plaintiff appeals from an order of the County Court, Westchester County, entered July 14, 1975, which denied its motion for summary judgment in lieu of a complaint, pursuant to CPLR 3213. Order affirmed, without costs. A lease is not an instrument for the payment of money only within the contemplation of CPLR 3213. Gulotta, P.J., Rabin, Hopkins, Latham and Margett, JJ., concur.