AFCO Credit Corp. v. Eshaghian

In an action to recover on a loan, the plaintiff appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated May 10, 1994, which denied its motion for summary judgment in lieu of complaint pursuant to CPLR 3213.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for summary judgment in lieu of complaint is granted, the defendants’ counterclaims are severed, and the defendants are directed to plead their counterclaims in a formal pleading within 10 days after service upon them of a copy of this decision and order, with notice of entry; in the…