Legal Opinion
Cmaylo v. Geichman
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1991PublishedCited by 1 opinion
1Opinion of the Court
— In an action to recover moneys due under a written agreement between the parties, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated January 12, 1990, which, inter alia, granted the plaintiff’s motion, pursuant to CPLR 3213, for summary judgment in lieu of complaint.
Ordered that the order is affirmed, with costs.
The defendants’ claim that the agreement sued upon is not an instrument for the payment of money only pursuant to CPLR 3213 is not preserved for appellate review since it was not raised in the Supreme Court (see, Abacus Real Estate Fin. Co. v…
2Cases cited4 opinions
- 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
- Gittleson v. DempsterAppellate Division of the Supreme Court of the State of New York · 1989
- Abacus Real Estate Finance Co. v. P.A.R. Construction & Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by1 opinion
- Davis v. LanteriAppellate Division of the Supreme Court of the State of New York · 2003