Bullard v. Bullard Orchards, Inc.

OPINION OF THE COURT

Loren N. Brown, J.

The plaintiff in this litigation seeks to recover on two notes executed by the Bullard Orchards, Inc., promising to pay the Helen E. Bullard Trust the total sum of $99,969.69, plus interest. The action was commenced by service of a summons *137in lieu of complaint, in that the action is based upon an instrument for the payment of money only (CPLR 3213). The action was purportedly commenced by an order to show cause shortening the time in which the defendant normally would have to answer as provided by CPLR 3213 and 320 (a).

The defendant has opposed the…