Legal Opinion
Blum, Gersen & Stream v. 346 East 72nd Street Associates
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1991PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered October 24, 1990, denying plaintiff’s motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.
A letter may be considered an instrument for the payment of money only, pursuant to CPLR 3213, so long as the writing unconditionally acknowledges a debt (Maglich v Saxe, Bacon & Bolán, 97 AD2d 19). Here, the express language of defendant’s letter indicates that its acknowledgement of indebtedness and schedule of repayment were mere proposals, made in *445the course of ongoing negotiations. The letter…
2Cases cited4 opinions
- Maglich v. Saxe, Bacon & Bolan, P. C.Appellate Division of the Supreme Court of the State of New York · 1983
- Helmsley v. CohenAppellate Division of the Supreme Court of the State of New York · 1977
- Albilia v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Rhee v. MeyersAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- Lava Shadows, Ltd. v. JohnsonNew Mexico Court of Appeals · 1996
- Maine v. Jay Street Realty AssociatesNew York Supreme Court · 2001
- Furman v. A.B.E. Industrial AssociatesAppellate Division of the Supreme Court of the State of New York · 1992