Seaman-Andwall Corp. v. Wright Machine Corp.

Plaintiff moves for summary judgment pursuant to CPLBr 3213. The relevant portion of the section reads as follows: ‘'When an action is based upon a judgment or instrument for the payment of money only, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.” The summons was accompanied by a notice of motion supported by an affidavit stating that suit was brought on a promissory note a copy of which was attached. Due execution of the note and the circumstances under which it was given are set out. The latter are that…