Diplacidi v. Gruder

— Order of the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered on August 28, 1986, which granted plaintiff’s motion for summary judgment pursuant to CPLR 3213 and awarded judgment against defendant in the sum of $200,000 plus interest, costs and disbursements, is reversed on the law and plaintiff’s motion for summary judgment denied, with costs and disbursements. Plaintiff is directed to serve his complaint within 30 days of the date of this order.

Plaintiff has moved pursuant to CPLR 3213 for summary judgment in lieu of complaint in this action based upon an instrument…