EUROPEAN AMERICAN BK. TR. CO. v. SCHIRRIPA

It is well established that an unconditional guarantee such as the one involved here is an instrument for the payment of money only within the meaning of CPLR 3213. ( Manufacturers Hanover Trust Co. v Green, 95 A.D.2d 737, appeal dismissed 61 N.Y.2d 760.) Consequently, plaintiff's failure to attach copies of the underlying obligations, consisting of several promissory notes, was not fatal to plaintiff's motion for summary judgment in lieu of complaint. In that regard, it was sufficient for plaintiff to submit the instrument sued upon along with the affidavit of nonpayment. ( See, Kornfeld v NRX Technologies, 93 A.D.2d 772, affd 62 N.Y.2d 686; Council Commerce Corp. v Paschalides, 92 A.D.2d 579.) Moreover, defendant does not dispute the clear documentary evidence. The unsupported allegations contained in his affidavit in opposition certainly do not raise any defenses such as can defeat the motion for summary judgment.

Concur — Kupferman, J.P., Carro, Fein and Milonas, JJ.