Verela v. Citrus Lake Dev., Inc., 53 A.D.3d 574 (N.Y. App. Div. 2008). · Go Syfert
Verela v. Citrus Lake Dev., Inc., 53 A.D.3d 574 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 1 distinct court.
Strongest positive: Kwok Ching Cheung v. Sunrise Plaza, LLC (nyappdiv, 2025-04-09)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Kwok Ching Cheung v. Sunrise Plaza, LLC
N.Y. App. Div. · 2025 · confidence medium
Contrary to the plaintiff's contention, the affidavits were not merely conclusory and, instead, contained sufficient details regarding the circumstances of the plaintiff's alleged nonpayment ( see Torelli v Esposito , 63 NY2d 903, 904; cf. Carlin v Jemal , 68 AD3d 655, 656; Verela v Citrus Lake Dev., Inc. , 53 AD3d 574, 575).
discussed Cited as authority (rule) Roopchand v. Mohammed
N.Y. App. Div. · 2017 · confidence medium
Here, the plaintiff established her prima facie entitlement to judgment as a matter of law by submitting the promissory note coupled with her affidavit asserting that the defendants failed to pay the loan in accordance with the terms of the note (see Lugli v Johnston, 78 AD3d at 1135 ; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]).
discussed Cited as authority (rule) Ahern v. Miloslau
N.Y. App. Div. · 2015 · confidence medium
Here, the plaintiff established her prima facie entitlement to judgment as a matter of law by submitting the promissory note, the corresponding agreement between the parties, and her affidavit asserting that the defendants failed to pay the loan in accordance with the terms of the note (see Lugli v *993 Johnston, 78 AD3d at 1134 ; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]).
cited Cited as authority (rule) Rachmany v. Regev
N.Y. App. Div. · 2014 · confidence medium
Assistance Agency v Musheyev, 68 AD3d 736 [2009]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Famolaro v Crest Offset, Inc., 24 AD3d 604, 604-605 [2005]).
cited Cited as authority (rule) Rachmany v. Regev
N.Y. App. Div. · 2014 · confidence medium
Assistance Agency v Musheyev, 68 AD3d 736 [2009]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Famolaro v Crest Offset, Inc., 24 AD3d 604, 604-605 [2005]).
discussed Cited as authority (rule) Vali Industries, Inc. v. Mega Builders, Inc.
N.Y. App. Div. · 2013 · confidence medium
“To make a prima facie showing of entitlement to judgment as a matter of law in an action to recover on a note, and on a guaranty thereof, a plaintiff must establish ‘the existence of a note and guaranty and the defendants’ failure to make payments according to their terms’ ” (JPMorgan Chase Bank, N.A. v Galt Group, Inc., 84 AD3d 1028, 1029 [2011], quoting Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]).
discussed Cited as authority (rule) Vali Industries, Inc. v. Mega Builders, Inc.
N.Y. App. Div. · 2013 · confidence medium
“To make a prima facie showing of entitlement to judgment as a matter of law in an action to recover on a note, and on a guaranty thereof, a plaintiff must establish ‘the existence of a note and guaranty and the defendants’ failure to make payments according to their terms’ ” (JPMorgan Chase Bank, N.A. v Galt Group, Inc., 84 AD3d 1028, 1029 [2011], quoting Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]).
cited Cited as authority (rule) Goodyear Tire & Rubber Co. v. Azzaretto
N.Y. App. Div. · 2013 · signal: cf. · confidence medium
Ctr., 64 NY2d 851, 853 [1985]; cf. Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]).
cited Cited as authority (rule) Goodyear Tire & Rubber Co. v. Azzaretto
N.Y. App. Div. · 2013 · signal: cf. · confidence medium
Ctr., 64 NY2d 851, 853 [1985]; cf. Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]).
discussed Cited as authority (rule) JP Morgan Chase Bank, N.A. v. RADS Group, Inc.
N.Y. App. Div. · 2011 · confidence medium
“To make a prima facie showing of entitlement to judgment as a matter of law in an action to recover on a note, and on a guaranty thereof, a plaintiff must establish ‘the existence of a note and guaranty and the defendants’ failure to make payments according to their terms’ ” (JPMorgan Chase Bank, N.A. v Galt Group, Inc., 84 AD3d 1028, 1029 [2011], quoting Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; see Nissan Motor Acceptance Corp. v Scialpi, 83 AD3d 1020 [2011]; Gullery v Imburgio, 74 AD3d 1022 [2010]).
discussed Cited as authority (rule) Imperial Capital Bank v. 11-13-15 Old Fulton D, LLC
N.Y. App. Div. · 2011 · confidence medium
Imperial demonstrated its prima facie entitlement to judgment as a matter of law by establishing the existence of the note and the guaranty, and the defendants’ failure to make payments according to the terms of those documents (hereinafter the loan documents) (see Signature Bank v Galit Props., Inc., 80 AD3d 689 [2011]; Gullery v Imburgio, 74 AD3d 1022 [2010]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Northport Car Wash, Inc. v Northport Car Care, LLC, 52 AD3d 794 [2008]; Governor & Co. of Bank of Ireland v Dromoland Castle, 212 AD2d 759 [1995]).
discussed Cited as authority (rule) Larry Lawrence IRA v. Exeter Holding Ltd.
N.Y. App. Div. · 2011 · confidence medium
“To establish prima facie entitlement to judgment as a matter of law with respect to a promissory note, a plaintiff must show the existence of a promissory note, executed by the defendant, containing an unequivocal and unconditional obligation to repay, and the failure by the defendant to pay in accordance with the note’s terms” (Lugli v Johnston, 78 AD3d 1133, 1135 [2010]; see Gullery v Imburgio, 74 AD3d 1022 [2010]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]).
discussed Cited as authority (rule) JPMorgan Chase Bank v. Galt Group, Inc. (2×) also: Cited "see"
N.Y. App. Div. · 2011 · confidence medium
To make a prima facie showing of entitlement to judgment as a matter of law in an action to recover on a note, and on a guaranty thereof, a plaintiff must establish “the existence of a note and guaranty and the defendants’ failure to make payments according to their terms” (Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; see Gullery v Imburgio, 74 AD3d 1022 [2010]).
cited Cited as authority (rule) Jin Sheng He v. Sing Huei Chang
N.Y. App. Div. · 2011 · confidence medium
Assur., Ltd. v Schwartz, 69 AD3d 924 [2010]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Levien v Allen, 52 AD3d 578 [2008]; Anand v Wilson, 32 AD3d 808 [2006]).
discussed Cited as authority (rule) Signature Bank v. Galit Properties, Inc. (2×) also: Cited "see"
N.Y. App. Div. · 2011 · confidence medium
The plaintiff bank demonstrated its prima facie entitlement to judgment as a matter of law on its complaint seeking to recover on a promissory note, and an individual guaranty thereof, by establishing “the existence of [the] note and guaranty and the defendants’ failure to make payments according to their terms” (Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; see Gullery v Imburgio, 74 AD3d 1022 [2010]; Gera v All-Pro Athletics, Inc., 57 AD3d 726, 727 [2008]; Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]; Hestnar v Schetter, 284 AD2d 499, 500 [2001]; J.A.
discussed Cited as authority (rule) Samet v. Binson
N.Y. App. Div. · 2010 · confidence medium
The plaintiff established his prima facie entitlement to judgment as a matter of law by demonstrating the existence of a note executed by the defendant containing an unconditional obligation to pay, and the defendant’s failure to pay in accordance with the note’s terms (see Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Levien v Allen, 52 AD3d 578 [2008]; Anand v Wilson, 32 AD3d 808 [2006]; Davis v Lanteri, 307 AD2d 947 [2003]).
cited Cited as authority (rule) Lugli v. Johnston
N.Y. App. Div. · 2010 · confidence medium
Assur., Ltd. v Schwartz, 69 AD3d 924, 925 [2010]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Levien v Allen, 52 AD3d 578 [2008]).
discussed Cited as authority (rule) Kaygreen Realty Co. v. IG Second Generation Partners, L.P.
N.Y. App. Div. · 2010 · confidence medium
Therefore, their claims that the list of conditions on the premises constituted defaults were unsupported and conclusory allegations which were insufficient to raise a triable issue of fact (see Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Quest Commercial, LLC v Rovner, 35 AD3d 576, 577 [2006]).
discussed Cited as authority (rule) Gullery v. Imburgio
N.Y. App. Div. · 2010 · confidence medium
Assistance Agency v Musheyev, 68 AD3d 736 [2009]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Famolaro v Crest Offset, Inc., 24 AD3d 604, 604-605 [2005]; Hestnar v Schetter, 284 AD2d 499, 500 [2001]).
discussed Cited as authority (rule) Usowski v. All Tom R.V. Inc.
N.Y. App. Div. · 2010 · confidence medium
In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Quest Commercial, LLC v Rovner, 35 AD3d 576, 577 [2006]).
discussed Cited as authority (rule) Overseas Private Investment Corp. v. Nam Koo Kim
N.Y. App. Div. · 2010 · confidence medium
A party is entitled to a judgment on a guaranty of a note if it proves that there has been a default on the payment of a promissory note and the party against whom judgment has been sought has executed a valid guaranty warranting the payment of the amount due under that note (see Agai v Diontech Consulting, Inc., 64 AD3d 622, 623 [2009]; Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Smith v Shields Sales Corp., 22 AD3d 942, 944 [2005]; Judarl v Cycletech, Inc., 246 AD2d 736, 737 [1998]; see also Hirsh v Brunenkant, 51 AD3d 1258, 1259 [2008]).
discussed Cited as authority (rule) Pennsylvania Higher Education Assistance Agency v. Musheyev
N.Y. App. Div. · 2009 · confidence medium
The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting proof of the existence of the promissory note executed by the defendant and the defendant’s default in making payments pursuant to that note (see Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575 [2008]; Levien v Allen, 52 AD3d 578 [2008]; Anand v Wilson, 32 AD3d 808 [2006]).
Retrieving the full opinion text from the archive…
Claude Verela
v.
Citrus Lake Development, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jul 15, 2008.
53 A.D.3d 574
Cited by 265 opinions  |  Published

In an action to recover on a promissory note and guaranty brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendants appeal from a judgment of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered May 15, 2007, which, upon an order of the same court dated April 4, 2007, granting the plaintiffs motion for summary judgment in lieu of complaint, is in favor of the plaintiff and against them in the principal sum of $250,000.

Ordered that the judgment is affirmed, with costs.

[*575] The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by establishing the existence of a note and guaranty and the defendants’ failure to make payments according to their terms (see Famolaro v Crest Offset, Inc., 24 AD3d 604, 604-605 [2005]; Hestnar v Schetter, 284 AD2d 499, 500 [2001]; Kowalski Enters. v Sem Intl., 250 AD2d 648 [1998]; Haselnuss v Delta Testing Labs., 249 AD2d 509 [1998]). “The burden then shifted to the defendant[s] to establish by admissible evidence the existence of a triable issue of fact with respect to a bona fide defense” (Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]; see Kowalski Enters. v Sem Intl., 250 AD2d at 648). The defendants’ conclusory and unsupported assertion that no consideration was given at the time the note and guaranty were executed was insufficient to defeat the plaintiffs motion (see Hestnar v Schetter, 284 AD2d at 500; MDJR Enters. v LaTorre, 268 AD2d 509, 510 [2000]; J.A. Grammas Assoc., Architectural & Eng’g Servs. v Ehrlich, 229 AD2d 517 [1996]). The defendants’ further assertion that they believed the note and guaranty did not constitute a loan but instead memorialized an agreement between the parties regarding an alleged land development project in Florida was also insufficient to raise a triable issue of fact. The assertion was vague, unsubstantiated, and conclusory and, indeed, belied by the fact that the defendants made the interest-only payments provided for in the note for almost one year prior to their default thereon, thus demonstrating their intent that the note was valid and effective (see Thomson v Rubenstein, 31 AD3d 434, 436 [2006]).

Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment in lieu of complaint and issued judgment thereon. Ritter, J.P., Miller, Dillon and McCarthy, JJ., concur.