[DOWNLOAD] "Charles W. Horne v. Law Research Service" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Charles W. Horne v. Law Research Service
- Author : Supreme Court of New York
- Release Date : January 10, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[35 A.D.2d 931 Page 931] The motion for summary judgment was properly brought by plaintiff pursuant to CPLR 3213, the note in question being "an
instrument for the payment of money only". A prima facie case was made out by proof of the note and the failure to make the
payments called for by its terms. (Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A.D.2d 136, 137.) The passing reference
in the note to a right of conversion (which was provided for in the separate agreement between the plaintiff and the defendant
dated January 25, 1968) does not deprive the note of its basic character as one for the payment of money only. Moreover,
at the time the note was placed in litigation the right of conversion had long since expired. The contention that payment
on the note was not due by reason of the plaintiff's failure to comply with a certain condition as set forth in the agreement
of January 25, 1968 is without merit. Nothing in the note or in the agreement conditioned payment of the note by defendant
upon prior compliance by the plaintiff with his obligation to return the subject articles, books and records. Indeed, the
note as well as the agreement contemplated that in any event payment would be made no later than two years, i.e., January
25, 1970. With regard to the third-party action we find that triable issues are presented which preclude either a dismissal
of the third-party complaint as requested by the Western Union Telegraph Co. or the granting of summary judgment as requested
by [35 A.D.2d 931 Page 932]