The Appellate Division reversed the Supreme Court, and denied the plaintiff's motion for summary judgment in lieu of complaint. Because the payment obligation in the parties' agreement is conditioned on defendant's having failed to operate the boat at issue within a particular geographic area for at least 80% of its running time over a period of years, the agreement is not an instrument for the payment of money only, and accelerated judgment is not available to the plaintiff.
Port Authority of N.Y. & N.J. v. White Near Coastal Towing Corp., NY Slip Op 05306 (1st Dep't October 1, 2020)
