July 13, 2021

CPLR 3213.

The assertion of a defense based on facts extrinsic to the instrument at issue is insufficient to defeat a motion for summary judgment in lieu of complaint.

Deka Immobilien Inv. GmbH v. Lexington Ave. Hotel, L.P., NY Slip Op 04275 (1st Dep't July 8, 2021)

Here is the decision.

Tomorrow's issue:  CPLR 2314[b].