Kemp v. Hinkson

Oscar Murov, J,

This is a motion for summary judgment in lieu of complaint (CPLR 3213). Plaintiff seeks to recover on a bond executed by defendant on January 14, 1970, in the sum of $2,613.98 payable in monthly installments of principal and interest amounting to $75 each commencing on February 14, 1970 and on the 14th day of each ensuing month thereafter until paid in full.

Plaintiff commenced this action by service of summons by “nail and mail” pursuant to subdivision 4 of CPLR 308 on December 27, 1972. The return date stated in the notice of *77motion was fixed at January 10, 1973. The matter…