European American Bank v. Cohen

— Order, Supreme Court, New York County (Carol H. Arber, J.), entered September 12, 1991, which, inter alia, granted plaintiffs motion for summary judgment in lieu of complaint, and the judgment entered September 17, 1991 pursuant thereto, unanimously affirmed, with costs.

There is no merit to defendant’s contention that the note is not an instrument for the payment of money only within the meaning of CPLR 3213, containing, as it does, an unconditional promise to pay on a certain day the current balance in defendant’s line of credit, an amount readily ascertainable from plaintiffs bank records…