In a March 22, 2011 decision by Justice Pines the Court denied a motion under CPLR 3213 for summary judgment in lieu of complaint and allowed the defendant to submit an answer. The plaintiff moved for judgment based on a note and guaranty which were provided as part of a sale of a business. The loans payments ceased and the plaintiff brought suit.
The court denied plaintiff’s motion because the note was not created in a vacuum, and once considered with the other deal documents, did not qualify as an instrument for the payment of money only under CPLR 3213.
Delmastro v Rescue Carting Corp. and Diesso, Sup Ct, Suffolk County, March 22, 2011, Pines, J, Index No. 41653-2010