Dresdner Bank AG. v. Morse/Diesel, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This is an action commenced by motion for summary judgment in lieu of complaint to recover $36,971.07, plus legal fees, on an agreement which absolutely and unconditionally guaranteed both payment and performance under a construction contract. The threshold question is whether such an agreement constitutes an "instrument for the payment of money only” within the contemplation of CPLR 3213 so as to qualify for the summary procedure provided therein. We agree with Special Term that it does not, and affirm.
The facts are relatively uncomplicated. In early 1979,…
2Cases cited13 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- 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
- Logan v. Williamson & Co.Appellate Division of the Supreme Court of the State of New York · 1978
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- Judarl, L. L. C. v. Cycletech, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Phillips v. CioffiAppellate Division of the Supreme Court of the State of New York · 1994
- Torres & Leonard, P. C. v. Select Professional Realties, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
- Punch Fashion, LLC v. Merchant Factors Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Cortlandt Street Recovery Corp. v. Hellas TelecommunicationsNew York Supreme Court · 2014
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