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LINA ORENSTEIN v. ROBERT ORENSTEIN (03/05/69)

March 5, 1969

LINA ORENSTEIN, RESPONDENT,
v.
ROBERT ORENSTEIN, APPELLANT



Orenstein v. Orenstein, 58 Misc. 2d 377, reversed.

Concur -- Groat, P. J., Schwartzwald and Margett, JJ.

Author: Per Curiam

contd

[EDIT ]

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 payments pursuant to a separation agreement, does not come within the purview of the quoted language (see, Signal Plan v. Chase Manhattan Bank, 23 A.D.2d 636, 637; Guele v. Scaiano, 56 Misc. 2d 1040; Burnell v. Peoples Sav. Bank, 54 Misc. 2d 140).

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

Order reversed, etc.

Disposition

Order reversed, etc.

19690305

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