Orix Credit Alliance, Inc. v. N. Y. Bell Bagel, Inc.

—In an action based upon instruments for the payment of money only, commenced by service of a summons and notice of motion in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Held, J.), dated July 21, 1994, as denied its motion for summary judgment against the defendant Martin Bell.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, summary judgment is awarded to the plaintiff against the defendant Martin Bell, and the matter is remitted to the Supreme Court, Kings County, for the entry…