56 Misc. 2d 1040

Joseph Guele et al., Respondents, v. Anthony Scaiano, as Escrowee, Appellant.

Supreme Court, Appellate Term, Second Department,

April 17, 1968.

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

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.

Guele v. Scaiano
56 Misc. 2d 1040

Case Details

Name
Guele v. Scaiano
Decision Date
Apr 17, 1968
Citations

56 Misc. 2d 1040

Jurisdiction
New York

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