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Capital Circulation Corp. v. Gallop Leasing

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 578 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the Supreme Court, Queens County (Satterfield, J.).


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, Grammas Assocs. Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; Bennell Hanover Assocs. v. Neilson, 215 A.D.2d 710).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Capital Circulation Corp. v. Gallop Leasing

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 578 (N.Y. App. Div. 1998)
Case details for

Capital Circulation Corp. v. Gallop Leasing

Case Details

Full title:CAPITAL CIRCULATION CORP., Appellant, v. GALLOP LEASING CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1998

Citations

248 A.D.2d 578 (N.Y. App. Div. 1998)
669 N.Y.S.2d 913

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