Legal Opinion

Guele v. Scaiano

Appellate Terms of the Supreme Court of New York

Decided April 17, 1968PublishedCited by 7 opinions

1Per curiam

The remedy of summary judgment in lieu of complaint is available only in an action ‘ ‘ based upon a judgment or instrument for the payment of money only ” (CPLR 3213). The instant suit to recover an escrow deposit, under the terms *1041of a contract to purchase a house, does not come within the purview of the quoted language (Embassy Ind. v. S M L Gorp., 45 Mise 2d 91).

The judgment and order should he unanimously reversed, with $10 costs to defendant, motion denied, and plaintiffs’ time to serve a complaint is extended until 10 days after service of a copy of the order hereon.

Concur — McDonald, P.…

2Cited by7 opinions

  1. Grinblat v. TaubenblatAppellate Division of the Supreme Court of the State of New York · 1985
  2. Orenstein v. OrensteinAppellate Terms of the Supreme Court of New York · 1969
  3. All-O-Matic Manufacturing Corp. v. ShieldsNassau County District Court · 1969
  4. Orenstein v. OrensteinCivil Court of the City of New York · 1968
  5. Wagner v. CornblumNew York Supreme Court · 1970

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