Baker v. Gundermann

In this action to recover upon two written instruments, plaintiff moves for summary judgment pursuant to CPLB 3213 in lieu of a formal complaint.

Initially it is incumbent upon this court to determine whether the writings alluded to come within the purview of the statute (CPLB 3213), permitting the motion papers, in lieu of a com*640plaint, to accompany the summons when, in the words of the cited statute “ an action is based upon a * * * instrument for the payment of money only ”. (Emphasis supplied.)

The first of such subject instruments is in the form of a letter sworn to before a notary and…