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SEA TRADE MAR. CORP. v. COUTSODONTIS

10220, 653407/11.

111 A.D.3d 483 (2013)

2013 NY Slip Op 7560

SEA TRADE MARITIME CORPORATION, Respondent, v. STYLIANOS COUTSODONTIS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 14, 2013.

Plaintiff's motion brought pursuant to CPLR 3213 to enforce a Spanish court's award of damages as against defendant who improperly commenced a proceeding to arrest plaintiff's ship in Spain, should not have been granted.

A motion for summary judgment brought in lieu of a complaint (CPLR 3213) is based on an "instrument for the payment of money only or upon any judgment." The statute allows a plaintiff an expedited procedure...

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