Mark Weissman, Respondent v. Sinorm Deli, Inc., Defendant, and Richard A. Cummings, Appellants

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the indemnification agreement was neither an "instrument for the payment of money only" under CPLR 3213 nor a guaranty of the corporation's promissory note, and therefore summary judgment under CPLR 3213 was unavailable against the individual defendants.