Big K Kosher Dairy Restaurant, Inc. v. Gross

—In an action, inter alia, to recover rents due under a lease, the defendants appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated October 1, 1991, which granted the plaintiff’s motion for summary judgment in its favor.

Ordered that the order is affirmed, with costs.

*206It is true that "[a] lease is not an instrument for the payment of money only within the contemplation of CPLR 3213” (see, Midda Realty Corp. v Ci-Tex, Inc., 50 AD2d 600), and accordingly, the instant action should not have been brought pursuant to that statutory provision. However, the defendants were…