Kretzer v. Kretzer

Judgment, Supreme Court, New York County, granting plaintiffs motion for summary judgment and directing distribution of escrow funds, is unanimously reversed, on the law, without costs; plaintiff’s motion for summary judgment pursuant to CPLR 3213 is denied; and the parties are directed to proceed by formal pleadings and plaintiff is directed to serve a complaint within 20 days after service of a copy of the order hereon with notice of entry. The escrow agreement is not an instrument for the payment of money only within the meaning of CPLR 3213. Therefore a motion for summary judgment in lieu…