Legal Opinion
Stallone v. Rostek
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2006PublishedCited by 10 opinions
1Opinion of the Court
*450In an action to recover upon an instrument for the payment of money only; brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), dated March 28, 2005, which denied their motion.
Ordered that the order is affirmed, with costs.
“[A] document comes within CPLR 3213 ‘if a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms’ . . . The instrument does not qualify if outside proof is needed, other than simple proof of…
2Cases cited3 opinions
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Eisenberg v. HSBC Payment Service Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Russo v. O'MearaAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by10 opinions
- Lugli v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2010
- Lawrence v. KennedyAppellate Division of the Supreme Court of the State of New York · 2012
- Engel v. BoymelgreenAppellate Division of the Supreme Court of the State of New York · 2011
- Sun Convenient, Inc. v. Sarasamir Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Bloom v. LugliAppellate Division of the Supreme Court of the State of New York · 2011
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