Legal Opinion
L & O Homes Inc. v. Brown
Suffolk County District Court
Decided September 30, 1971PublishedCited by 2 opinions
1Opinion of the CourtWilliam D. Munro, J.
Defendant delivered a $3,000 check to plaintiffs pursuant to the terms of a contract to purchase a house. Plaintiffs deposited the check and it was returned unpaid by the bank with the notation “ payment stopped ”.
I
Plaintiffs move for summary judgment pursuant to CPLR 3213 made applicable to the District Court by TJDCA, § 1004. The relevant portion of CPLR 3213 states: 1 ‘ When an action is based upon an instrument for the payment of money * * * the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint ”.
Defendant opposes…
2Cases cited6 opinions
- All-O-Matic Manufacturing Corp. v. ShieldsNassau County District Court · 1969
- Burnell v. Peoples Savings Bank of YonkersAppellate Terms of the Supreme Court of New York · 1967
- Guele v. ScaianoAppellate Terms of the Supreme Court of New York · 1968
- Lopez v. PerryNew York Supreme Court · 1967
- Vanni v. Long Island City Savings & Loan Ass'nAppellate Terms of the Supreme Court of New York · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Moon Over the Mountain, Ltd. v. Marine Midland BankCivil Court of the City of New York · 1976
- Stern v. Chemical BankCivil Court of the City of New York · 1975