Practice point: Plaintiff's motion will be granted if it establishes the existence of an agreement that was expressly an independent, absolute and unconditional obligation to pay money only, and by submitting an affidavit of nonpayment, pursuant to CPLR 3213.
Students should note that the motion will be granted even though the obligation was referenced by underlying agreements.
Nordea Bank Finland PLC v. Holten , NY Dept. 2011
Tomorrow's issue is notice of a defective or unsafe condition.
