In Farca v. Farca (216 AD2d 520 [2d Dept 1995]), the Appellate Division determined that a negotiated check did not qualify as an "instrument for the payment of money only" for these purposes, even where the plaintiff had placed on the check a notation "loan due by [date]." ( Id. at 521.) The Appellate Division stated that the notation, despite the check's negotiation by the defendant, "did not unequivocally establish a promise made by the defendant." (Id.)