Guele v. Scaiano

Appellate Terms of the Supreme Court of New York

Guele v. Scaiano

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

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 17, 1968

StatusPublished

Cited by7 cases

This text of 56 Misc. 2d 1040 (Guele v. Scaiano) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guele v. Scaiano, 56 Misc. 2d 1040, 290 N.Y.S.2d 950, 1968 N.Y. Misc. LEXIS 1565 (N.Y. Ct. App. 1968).

Pincite

Opinion

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 [1041]*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.

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