In Bank of America, N.A. v. Filho (N.Y. Sup. Ct. Index No. 654603/2019), the Court held that CPLR 3213 allows summary judgment in lieu of complaint only if the claim is based on instruments for the payment of money only. Thus, an instrument, such as a personal guarantee of a promissory note, which requires that the guarantor not only to pay the amounts owed under the promissory note–but also to perform certain obligations (under a related aircraft lease agreement)–is not an instrument for the payment of money only. Therefore, CPLR 3213 (summary judgment in lieu of complaint) was not appropriate.