Opinion
April 30, 1991
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
Plaintiff commenced this action by service of a summons and motion for summary judgment in lieu of complaint to collect the unpaid principal balance under a single payment consumer note executed by the defendant. Plaintiff established a prima facie right to recovery based upon proof that defendant executed the note and subsequently failed to make payment thereon in accordance with its terms (Gateway State Bank v. Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627). It was incumbent upon defendant, therefore, to come forward with proof showing the existence of a triable issue of fact with respect to a bona fide defense (Gateway State Bank v. Shangri-La Private Club for Women, supra, at 792). The affirmation submitted by defendant in opposition to summary judgment in this case contains nothing more than unsubstantiated conclusory allegations of fraudulent misrepresentations and purported oral agreements which are insufficient to meet this burden. (See, Banner Indus. v. Key B.H. Assocs., 170 A.D.2d 246.)
Concur — Sullivan, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.