Opinion
April 15, 1977
Appeal from the Livingston Supreme Court.
Present — Marsh, P.J., Moule, Cardamone, Dillon and Goldman, JJ.
Judgment unanimously reversed, without costs, and motion denied. Memorandum: Special Term granted summary judgment to plaintiff pursuant to CPLR 3213 upon the theory that her claim for support payments was based upon an instrument for the payment of money only. The remedy of accelerated summary judgment under CPLR 3213 may not be granted when the underlying instrument is a separation agreement which contains covenants and conditions relating to matters other than support payments (Wagner v Cornblum, 36 A.D.2d 427).