Legal Opinion
Bonds Financial, Inc. v. Kestrel Technologies, LLC
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2008PublishedCited by 1 opinion
1Opinion of the Court
*231Order, Supreme Court, New York County (Helen E. Freedman, J.), entered September 18, 2006, which denied plaintiffs’ motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.
Defendants allegedly defaulted on certain promissory notes and a guaranty. “When an action is based upon an 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” (CPLR 3213). A note qualifies as such an instrument for this purpose, provided the plaintiff can establish a…
2Cases cited6 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
- Sosnoff v. CarterAppellate Division of the Supreme Court of the State of New York · 1991
- Manufacturers Hanover Trust Co. v. HixonAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by1 opinion
- Leiser v. System D Restaurant Holdings, Inc.New York Supreme Court · 2010