| Effiwatt v New York City Dept. of Fin. |
| 2020 NY Slip Op 05448 [187 AD3d 434] |
| October 6, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James Effiwatt, Appellant, v New York City Department of Finance, Respondent. |
James Effiwatt, appellant pro se.
James E. Johnson, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Order, Supreme Court, New York County (Robert R. Reed, J.), entered October 3, 2018, which denied plaintiff's motion for summary judgment in lieu of complaint, unanimously affirmed, without costs.
The document upon which plaintiff relies in this action does not qualify as an instrument for the payment of money only (CPLR 3213; see PDL Biopharma, Inc. v Wohlstadter, 147 AD3d 494 [1st Dept 2017]). Without "defendant's explicit promise to pay a sum of money" and proof of indebtedness, the motion court properly denied the motion for summary judgment in lieu of complaint and directed plaintiff to serve a summons and complaint (Interman Indus. Prods. v R. S. M. Electron Power, 37 NY2d 151, 155 [1975]).
We have considered plaintiff's remaining contentions and find them unavailing. Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.