Capital Circulation Corp. v. Gallop Leasing Corp.
| Decision Date | 23 March 1998 |
| Citation | 248 A.D.2d 578,669 N.Y.S.2d 913 |
| Parties | 1998 N.Y. Slip Op. 2711 CAPITAL CIRCULATION CORP., Appellant, v. GALLOP LEASING CORP., et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Trop and Spindler, Jamaica Hills (Gale Spindler, of counsel), for appellant.
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 unsupported conclusory allegations which were insufficient to defeat the plaintiff's motion (see, J.A. Grammas Assocs. Architectural & Eng'g Servs. v. Ehrlich, 229 A.D.2d 517, 645 N.Y.S.2d 543; Bennell Hanover Assocs. v. Neilson, 215 A.D.2d 710, 627 N.Y.S.2d 439).
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