Abilities, Inc. v. Citibank, N. A.

In an action based upon an instrument for the payment of money only, commenced by service of a summons with notice of motion for summary judgment in lieu of complaint, plaintiff appeals from an order of the Supreme Court, Nassau County (Young, J.), dated October 6,1981, which, inter alia, denied its motion. Order reversed, on the law, with $50 costs and disbursements, motion granted, and matter remitted to Special Term for entry of an appropriate judgment. The complaint served pursuant to the order appealed from is dismissed. The instrument in question is an official bank check in the amount…