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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46772 Judge Fairgrieve PLAINTIFF EQUIPMENT lessor moved, pursuant to CPLR �3213, for summary judgment in lieu of complaint upon an instrument for payment of money only. Citing Frontier Leasing Co. v. Yalova Service Station Inc.and the Appellate Division, First Department’s decision in First Interstate Credit Alliance Inc v. Sokol, it argued that a lease and personal guarantee qualify as an instrument for payment of money. The court dismissed plaintiff’s action without prejudice. Although an unconditional guarantee may qualify as an instrument for the payment of money only, the court, citing Big K Kosher Dairy Restaurant Inc. v. Gross, noted holdings that a lease is not an instrument for payment of money only under CPLR �3213. It also found that the subject instrument, wherein the guarantor guaranteed prompt payment and performance of all lease obligations, went beyond merely guaranteeing the payment of money only for purposes of CPLR �3213.

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