Midda Realty Corp. v. Ci-Tex, Inc.

— In an action to recover rent, attorneys’ fees and other charges, under a written lease, plaintiff appeals from an order of the County Court, Westchester County, entered July 14, 1975, which denied its motion for summary judgment in lieu of a complaint, pursuant to CPLR 3213. Order aifirmed, without costs. A lease is not an instrument for the payment of money only within the contemplation of CPLR 3213. Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.