669 N.Y.S.2d at 913 cited at this page1 citing case
- AXA Inv. Managers UK Ltd. v. Endeavor Capital Mgmt. LLC, 890 F. Supp. 2d 373 (S.D.N.Y. 2012).C.P.L.R. § 3213 ; Capital Circulation Corp. v. Gallop Leasing Corp., 248 A.D.2d 578, 578 , 669 N.Y.S.2d 913, 913 (2d Dep’t 1998)) (“The plaintiffs sustained their initial burden ... by submitting proof of the existence of an underlying not…
At page 578 �In an action to recover on a promissory note and guaranty, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated…1 citing case
- MDJR Enter., Inc. v. LaTorre, 268 A.D.2d 509 (N.Y. App. Div. 2d Dep't 2000).The assertions by the Marchesiellos, including a claimed lack of consideration and fraud, were merely unsupported conclusory allegations which were insufficient to defeat the cross motion (see, Capital Circulation Corp. v Gallop Leasing Co…
v.
Gallop Leasing Corp.
—In an action to recover on a promissory note and guaranty, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated January 22, 1997, which denied its motion for summary judgment against the defendants Gallop Leasing Corp. and Ron Tse.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff established a prima facie case by proving the existence and genuineness of the promissory note and guaranty at issue and the respondents’ failure to make payment thereunder. The burden then shifted to the respondents to establish by admissible evidence the existence of a triable issue of fact or a meritorious defense. However, the respondents’ assertions, including a claimed lack of consideration, were merely unsup[*579] ported conclusory allegations which were insufficient to defeat the plaintiffs motion (see, Grammas Assocs. Architectural & Eng’g Servs. v Ehrlich, 229 AD2d 517; Bennett Hanover Assocs. v Neilson, 215 AD2d 710).
O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.