France v. Beda

Judgment of the Supreme Court, New York County (Gabel, J.), entered June 18, 1980, which adjudged that plaintiff recover from defendants $32,621.72 ($32,146.72 damages, plus $400 interest, plus $75 costs and disbursements) based on the fact that plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, involving an instrument for payment of money only, to wit: a guarantee was granted, unanimously reversed, on the law, without costs, the motion for summary judgment denied and the judgment vacated. The parties shall serve formal pleadings beginning with plaintiff’s…