All-O-Matic Manufacturing Corp. v. Shields

Plaintiff, a chattel mortgagee, has attempted to bring an action against the mortgagors, utilizing the provisions of CPLR 3213, which authorizes a plaintiff to commence his action by service of a summons with a notice of motion for summary judgment and the supporting papers in lieu of a complaint, when his “ action is based upon a judgment or instrument for the payment of money only”. Plaintiff’s affidavit in this instance recites that the defendants are obligated to him for part of an unpaid purchase price arising out of a sale of an automobile from plaintiff to defendants. Plain*200tiff has…