Eisenberg v. HSBC Payment Service Inc.

In an action to recover upon an instrument for the payment of money only, brought by motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, the plaintiffs appeal (1) from so much of an order of the Supreme Court, Dutchess County (Dillon, J.), dated February 11, 2002, as denied their motion, and (2), as limited by their brief, from so much of an order of the same court, dated April 18, 2002, as, upon reargument, adhered to the prior determination and denied that branch of their motion which was for leave to renew their motion for summary judgment in lieu of complaint.

Ordered…