Appellate Terms of the Supreme Court of New York, 1964

Embassy Industries, Inc. v. S M L Corp.

Embassy Industries, Inc. v. S M L Corp.
Appellate Terms of the Supreme Court of New York · Decided December 9, 1964
45 Misc. 2d 91; 256 N.Y.S.2d 214; 1964 N.Y. Misc. LEXIS 1218

Counsel

Kaufman & Serota (Irving Serota of counsel), for appellants. Gottlieb, Konove & Zeck (Robert Konove of counsel), for respondent.

Embassy Industries, Inc. v. S M L Corp.

Opinion of the Court

Per Curiam.

The remedy of summary judgment in lieu of a complaint is available only in an action ‘ ‘ based upon a judgment or instrument for the payment of money only ” (CPLR 3213). The instant suit to recover security deposited under the terms of a lease does not come within the purview of the quoted language.

The judgment and order should be unanimously reversed, with $10 costs to defendants, motion denied and plaintiff’s time to serve a complaint is extended until 10 days after service of a copy of the order hereon.

■Concur — Di Giovanna, Benjamin and Margett, JJ.

Judgment and order reversed, etc.

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