BANK OF AMERICA v. SOLOW

Plaintiff demonstrated its entitlement to summary judgment by establishing the existence of a guaranty and submitting an affidavit of nonpayment ( see JPMorgan Chase Bank, N.A. v Complete Envtl. Servs., Inc., 21 Misc 3d 1113[A], 2008 NY Slip Op 52062[U] [Sup Ct, Nassau County 2008]). The guaranty was absolute and unconditional, expressly waived demand or presentment and was expressly made a primary obligation of the defendant, so that no formal demand, beyond the motion in lieu of complaint itself, was necessary to state a cause of action on the guaranty ( cf. First Natl. Bank of Waterloo v Story, 200 NY 346, 354 [1911]). Recourse to CPLR 3213 was appropriate, since the guaranty was "an instrument for the payment of money only" (CPLR 3213). The fact that the obligations guaranteed were evidenced in a series of underlying mortgages and modifications did not alter this fact, where the amount due was stipulated, and thus plain on the face of the document ( see European Am. Bank v Lofrese, 182 AD2d 67, 71).

[ See 19 Misc 3d 1123(A), 2008 NY Slip Op 50830(U).]