Opinion
1105
May 8, 2003.
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 1, 2002, which, to the extent appealed from, in an action to enforce a personal guaranty of payment of a loan, granted plaintiff's motion for summary judgment against defendant-guarantor for the unpaid principal balance of $10,748,891.10 plus interest and late charges, unanimously affirmed, with costs.
Barry J. Glickman, for plaintiff-respondent.
Carl T. Peluso, for defendant-appellant.
Before: Saxe, J.P., Williams, Marlow, Gonzalez, JJ.
Plaintiff's motion for summary judgment was properly granted upon proof of the loan documents, including the guaranty agreement, and failure to pay in accordance therewith (see Samsung Am., Inc. v. Noah, 209 A.D.2d 367,lv denied 85 N.Y.2d 804; 117-14 Union Turnpike Assocs., L.P. v. County Dollar Corp., 187 A.D.2d 357). Defendant's conclusory allegation of irregularities on the signature page of the guaranty agreement was insufficient to raise a triable issue of fact (see Natl. Westminster Bank USA v. Sardi's Inc., 174 A.D.2d 470). Nor was summary judgment avoidable on the ground that further discovery was needed, since defendant failed to demonstrate that facts essential to justify his opposition to the motion may yet be disclosed (see Bailey v. New York City Tr. Auth., 270 A.D.2d 156, 157).
Although defendant contends that the guaranty agreement was unconscionable, the legal presumption to the contrary went unrebutted by defendant, who we note is an active and experienced president of a company that had borrowed over $50 million from plaintiff's predecessor (see Chrysler Credit Corp. v. Kosal, 132 A.D.2d 686).
We have reviewed defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.