Eminon Custom Builders, Inc. v. Black

This is a motion under CPLR 3213 for summary judgment based upon four promissory notes, instruments for the payment of money only. Pursuant to this section, plaintiff commenced the action by serving defendant with a summons and a notice of motion for summary judgment with supporting papers, in lieu of a complaint.

Defendant opposes the motion on two technical grounds only, namely, the summons is defective in that it does not comply with CCA, § 409 (subd. [a], par. 1) and with CCA rule 2900.2 (22 NYCRR 2900.2).

Section 409 (subd. [a], par. 1) requires a copy of the summons to be filed with the…