Maglich v. Saxe, Bacon & Bolan, P. C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
Plaintiff appeals from an order which denied her motion for summary judgment in lieu of complaint pursuant to CPLR 3213. The prime issue on the appeal is whether the several letters, as a whole, upon which the undisputed liability of the defendant is predicated, amount to “an instrument for the payment of the money only” within the contemplation of the statute, so as to authorize the accelerated procedure provided for therein.
The action was brought to recover the sum of $100,000, which plaintiff claims she had loaned to defendant law firm in February, 1981 plus…
2Cases cited29 opinions
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Spiegelberg v. GomezNew York Court of Appeals · 1978
24 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Sundsvallsbanken v. Fondmetal, Inc.District Court, S.D. New York · 1985
- First Interstate Credit Alliance, Inc. v. SokolAppellate Division of the Supreme Court of the State of New York · 1992
- SCP (Bermuda) Inc. v. Bermudatel Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Afco Credit Corp. v. Boropark Twelfth Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Harris v. MillerAppellate Division of the Supreme Court of the State of New York · 1988
26 more not listed; retrieve them via the Exa API.