CPLR 3213 provides a means of obtaining an accelerated judgment where a defendant's liability is premised upon an instrument for the payment of money only, such as an unconditional guaranty. In order to recover, a plaintiff must establish that payment on the underlying debt was due.
255 Butler, LLC v. Boymelgreen, NY Slip Op 00392 (2d Dep't January 22, 2020)
Here is the decision.
