Jones v. CHC Industries, Inc.

2.) Judgment unanimously reversed, with costs, and motion denied. Memorandum: Plaintiffs motion for summary judgment under CPLR 3213 was improperly granted. Such section provides for accelerated judgment when an action is based upon an instrument for the payment of money only. Plaintiff to prevail on a motion under this section must establish a prima facie case by proof of the instrument providing for the payment of money and defendants’ failure to make payments in accordance with its terms (Interinan Ind. Prods. v R. S. M. Electron Power, 37 NY2d 151, 155; McNeilly v Rogers, 58 AD2d 724,…