Park Union Condominium v. 910 Union Street, LLC

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 13, 2015, which denied plaintiffs’ motion for summary judgement in lieu of complaint, unanimously reversed, on the law, with costs, and the motion granted.

Plaintiffs, a condominium and its board of managers, established that the parties’ settlement agreement, covering claims related to defendant’s construction of the condominium, constituted “an instrument for the payment of money only” (CPLR 3213) and that defendant defaulted by failing to make payment under its terms (see Tongkook Am. v Bates, 295 AD2d 202 [1st Dept…