Wentz v. Havendale Realty Co.

Appellate Terms of the Supreme Court of New York

Wentz v. Havendale Realty Co.

57 Misc. 2d 139, 292 N.Y.S.2d 331, 1968 N.Y. Misc. LEXIS 1478

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1968

StatusPublished

Cited by2 cases

This text of 57 Misc. 2d 139 (Wentz v. Havendale Realty Co.) 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

Wentz v. Havendale Realty Co., 57 Misc. 2d 139, 292 N.Y.S.2d 331, 1968 N.Y. Misc. LEXIS 1478 (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 a payment for a mortgage placement fee, in excess of that stipulated in a brokerage commission agreement, does not come within the scope of the quoted language (cf. Burnell v. Peoples Sav. Bank of Yonkers, 54 Misc 2d 140; Channel Excavators v. Amato Trucking Corp. 48 Misc 2d 429; Embassy Inds. v. SML Corp., 45 Misc 2d 91).

[140]*140The judgment and 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 copy of order hereon.

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

Judgment and order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

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 a payment for a mortgage placement fee, in excess of that stipulated in a brokerage commission agreement, does not come within the scope of the quoted language (cf. Burnell v. Peoples Sav. Bank of Yonkers, 54 Misc 2d 140; Channel Excavators v. Amato Trucking Corp. 48 Misc 2d 429; Embassy Inds. v. SML Corp., 45 Misc 2d 91).

[140]*140The judgment and 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 copy of order hereon.

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

Judgment and order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

57 Misc. 2d 139, 292 N.Y.S.2d 331, 1968 N.Y. Misc. LEXIS 1478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wentz-v-havendale-realty-co-nyappterm-1968.

Opinion

Related

Cite This Page — Counsel Stack