Thunderball Marketing, Inc. v. Riemer

Order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered December 8, 1999, which granted plaintiffs motion for summary judgment in lieu of complaint, denied the individual defendant’s cross motion for summary judgment, and awarded judgment in favor of plaintiff and against the individual defendant in the total amount of $28,004.02, unanimously affirmed, with costs.

*30Defendant’s assertion of defenses dehors the checks sued on does not take these “prototypical example [s]” of instruments for the payment of money only (Weissman v Sinorm Deli, 88 NY2d 437, 444)…