Seaman-Andwall Corporation v. Wright Machine Corporation Et Al. Book Reviews

Seaman-Andwall Corporation v. Wright Machine Corporation Et Al. by Supreme Court of New York Book Summary

[31 A.D.2d 136 Page 137] Plaintiff moves for summary judgment pursuant to CPLR 3213. The relevant portion of the section reads as follows: "When
an action is based upon a judgment or instrument for the payment of money only, the plaintiff may serve with the summons a
notice of motion for summary judgment and the supporting papers in lieu of a complaint." The summons was accompanied by a
notice of motion supported by an affidavit stating that suit was brought on a promissory note a copy of which was attached.
Due execution of the note and the circumstances under which it was given are set out. The latter are that plaintiff sold its
business to the corporate defendant and the note (described as a mortgage note) was a part of the consideration. The note
itself calls for payment in installments with an acceleration clause in case of default. The affidavit alleges a default in
payment and notification to defendants that the entire principal was declared due.

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Seaman-Andwall Corporation v. Wright Machine Corporation Et Al. (Supreme Court of New York) Book Reviews 2024

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