Louis Sherry Ice Cream Co. v. Kroggel

Francis T. Murphy, Jr., J.

Upon the foregoing papers this motion for summary judgment in favor of plaintiff for the sum of $300, plus interest, from September 1,1963, is granted. This action is based upon defendant’s failure to pay said sum according to the terms of a customer’s loan receipt executed by defendant to become payable on demand, upon plaintiff’s delivery of certain equipment to defendant. No cases have been found or submitted to support defendant’s contention that on a motion of this type, brought under section 3213 of the Civil Practice Law and Buies, the “ instrument for the…