Legal Opinion
Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.
New York Court of Appeals
Decided June 11, 1975PublishedCited by 166 opinions
1Opinion of the CourtGabrielli, J.
The issue presented may be phrased as follows: Does an account stated, unsupported by any written document subscribed by the party to be charged thereunder, constitute "an instrument for the payment of money only” entitling the moving party to accelerated summary judgment pursuant to the procedure provided by CPLR 3213? Both Special Term and the Appellate Division held that an account stated does not constitute an instrument for the payment of money only, and have ruled that the appellant may not avail itself of the procedure provided in CPLR 3213. We affirm.
The defendant (R. S. M.) is…
2Cases cited15 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Corr v. HoffmanNew York Court of Appeals · 1931
- Volkening v. . DegraafNew York Court of Appeals · 1880
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3Cited by166 opinions
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Barnette v. DoyleWyoming Supreme Court · 1981
- Banco Popular North America v. Victory Taxi Management, Inc.New York Court of Appeals · 2004
- Manhattan Motorcars, Inc. v. Automobili LamborghiniDistrict Court, S.D. New York · 2007
- Jim-Mar Corp. v. Aquatic Construction, Ltd.Appellate Division of the Supreme Court of the State of New York · 1993
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