Dichter v. Viking Office Products, Inc.

— In an action based upon an instrument for the payment of money only, commenced pursuant to CPLR 3213 by service of a summons and notice of motion for summary judgment in lieu of a complaint, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Ingrassia, J.), entered September 28, 1984, which denied their motion.

Order modified, by deleting the provision thereof denying the motion for summary judgment in lieu of the complaint and substituting therefor a provision granting partial summary judgment to the plaintiffs on the issue of liability only, and denying the…