Appellate Division of the Supreme Court of New York, 1975

Midda Realty Corp. v. Ci-Tex, Inc.

Midda Realty Corp. v. Ci-Tex, Inc.
Appellate Division of the Supreme Court of New York · Decided November 17, 1975
50 A.D.2d 600; 375 N.Y.S.2d 161; 1975 N.Y. App. Div. LEXIS 12379
Midda Realty Corp. v. Ci-Tex, Inc.

Opinion of the Court

— In an action to recover rent, attorneys’ fees and other charges, under a written lease, plaintiff appeals from an order of the County Court, Westchester County, entered July 14, 1975, which denied its motion for summary judgment in lieu of a complaint, pursuant to CPLR 3213. Order aifirmed, without costs. A lease is not an instrument for the payment of money only within the contemplation of CPLR 3213. Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.