New York Conference Ass'n of 7th Day Adventists of Syracuse v. 915 James Street Associates, Ltd.

This is a motion for summary judgment in lieu of a complaint under CPLR 3213 which permits the 1‘ motion-action ’ ’ upon any judgment or when an action is based upon “ an instrument for the payment of money only ” (L. 1969, ch. 210).

Plaintiff is the mortgagee holder of a bond and mortgage executed by the defendant for $120,000 payable in three equal $40,000 installments (plus interest at 6%%) due December 30, 1969, June 1, 1970 and December 31, 1970. An acceleration clause provides that after default in payment of any installment of principal or interest for 10 days that the whole of said…