Mike Nasti Sand Co. v. Almar Landscaping Corp.

This is a motion made by the plaintiff for an order to renew and for leave to reargue plaintiff’s previous motion for summary judgment in lieu of complaint pursuant to CPLR 3213 upon the grounds that the action is based upon (1) an “instrument for payment of money only” and (2) that while the original motion was pending in this court and on January 8, 1968, the defendant commenced an action in Supreme Court, County of Nassau, against Round Tree Estates, Inc. and the plaintiff herein as defendants therein based upon Exhibit “ 2 ” attached to defendant’s answering affidavit on the original…