Sisters of Holy Child Jesus at Old Westbury, Inc. v. Pallotta

In an action to recover on two tuition contracts, commenced by motion for summary judgment in lieu of complaint pursuant *526to CPLR 3213, the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated October 4, 2013, which granted the motion.

Ordered that the order is affirmed, with costs.

“Pursuant to CPLR 3213, a party may commence an action by motion for summary judgment in lieu of complaint when the action is ‘based upon an instrument for the payment of money only or upon any judgment.’ An instrument is considered to be for the payment of money only if it…