CPLR 3213 provides an expedited path to judgment on an “instrument for the payment of money only,” but disputes often arise when a promissory note grows out of a broader contractual relationship. Two questions then become critical: whether the note contains a standalone, unconditional obligation to pay, and whether defenses based on the underlying agreement defeat summary enforcement. A related issue arises when the maker characterizes the other party’s alleged nonperformance

Summary judgment in lieu of a complaint under CPLR 3213 was central to the decision in Newmark Partners, L.P. v. Singer, 2026 N.Y. Slip Op. 03923 (1st Dept. June 23, 2026), the subject of today’s article, where the Appellate Division, First Department, affirmed the enforcement of a settlement agreement arising from a failed $13 million transaction.

New York’s CPLR 3213 allows a plaintiff to seek summary judgment in lieu of a complaint when liability for a sum certain is evident from an instrument for the payment of money only, such as a promissory note or unconditional guaranty. This expedited procedure avoids delays inherent in filing and answering a complaint.

Today’s article relates to summary judgment in lieu of complaint pursuant to CPLR 3213