On March 5, 2024, the First Department issued a decision in Marjan Intl. Corp. v. Lillian Aug. Designs, Inc., 2024 NY Slip Op. 01160, enforcing a waiver of the right to contest that a guaranty was not an instrument for the payment of money for the purposes of CPLR 3213, explaining:
We need not determine whether the note and guaranty would be considered instruments for the payment of money only under applicable case law, because the note executed by LADI provides that LADI acknowledges and agrees that this Note is an instrument for the payment of money only within the meaning of the CPLR 3213 and expressly waives any right and hereby agrees not to assert that this Note is not such an instrument, and the guaranty executed by Weiss contains similar waiver language. Absent any contention that the waivers were not valid, the note and guaranty are subject to collection pursuant to the expedited procedure provided by CPLR 3213.
(Internal quotations and citations omitted).