Appellate Terms of the Supreme Court of New York, 1968

Guele v. Scaiano

Appellate Terms of the Supreme Court of New York · Decided April 17, 1968

56 Misc. 2d 1040; 290 N.Y.S.2d 950; 1968 N.Y. Misc. LEXIS 1565

Counsel

Anthony Scaiano, appellant in person. Glabman & Rubenstein (Jerome M. Leitner of counsel), for respondents.

Opinion of the Court

Per Curiam.

The remedy of summary judgment in lieu of 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 an escrow deposit, under the terms *1041of a contract to purchase a house, does not come within the purview of the quoted language (Embassy Ind. v. S M L Gorp., 45 Mise 2d 91).

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

Concur — McDonald, P. J., Groat and Rinaldi, JJ.

Judgment and order reversed, etc.

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