Legal Opinion
European American Bank & Trust Co. v. Schirripa
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1985PublishedCited by 12 opinions
1Opinion of the Court
Order of the Supreme Court, New York County (Alfred M. Ascione, J.), entered on April 16, 1984, which denied plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, is unanimously reversed, on the law, and summary judgment granted to plaintiff, with costs and disbursements.
It is well established that an unconditional guarantee such as the one involved here is an instrument for the payment of money only within the meaning of CPLR 3213. (Manufacturers Hanover Trust Co. v Green, 95 AD2d 737, appeal dismissed 61 NY2d 760.) Consequently, plaintiff’s failure to attach…
2Cases cited4 opinions
- Kornfeld v. NRX Technologies, Inc.New York Court of Appeals · 1984
- Kornfeld v. NRX Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Manufacturers Hanover Trust Co. v. GreenAppellate Division of the Supreme Court of the State of New York · 1983
- Council Commerce Corp. v. PaschalidesAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by12 opinions
- Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera NavarroNew York Court of Appeals · 2015
- BNY Financial Corp. v. ClareAppellate Division of the Supreme Court of the State of New York · 1991
- Plaza 400 Owners Corp. v. ResnicoffCivil Court of the City of New York · 1996
- Rochester Community Savings Bank v. SmithAppellate Division of the Supreme Court of the State of New York · 1991
- Israel Discount Bank v. 500 Fifth Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1990
7 more not listed; retrieve them via the Exa API.