Legal Opinion
Woodhouse, Drake & Carey (Trading), Inc. v. Royal International Trade, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1992PublishedCited by 4 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Karla Mos*316kowitz, J.), entered October 29, 1991, which granted plaintiffs motion for summary judgment in lieu of complaint on a promissory note, unanimously affirmed, with costs.
Despite the provision in its acceleration clause making failure to deliver certain commodities an event of default, the note qualified as an instrument for the payment of money only, and the action was thus properly commenced by summons and notice of motion pursuant to CPLR 3213 (Kornfeld v NRX Technologies, 93 AD2d 772, affd 62 NY2d 686).
The parol evidence rule precludes…
2Cases cited6 opinions
- Apple Records, Inc. v. Capitol Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Marine Midland Bank-Southern v. ThurlowNew York Court of Appeals · 1981
- Kornfeld v. NRX Technologies, Inc.New York Court of Appeals · 1984
- Kornfeld v. NRX Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- State v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- European American Bank v. Strab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Indosuez v. PandeffAppellate Division of the Supreme Court of the State of New York · 1993
- North Fork Bank & Trust Co. v. Jay-Ann AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- European American Bank v. Strab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1993