Opinion
June 1, 1998
Appeal from the Supreme Court, Richmond County (Cusick, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
To establish a prima facie case in a motion for summary judgment in lieu of complaint, the movant must demonstrate the existence of the instrument and a failure to make the payments called for by its terms (see, Interman Indus. Prods. v. R.S.M. Electron Power, 37 N.Y.2d 151, 155). The plaintiff's submission of the note, along with the appellant's guaranty, together with proof that payments were not made according to the terms thereof, clearly establishes the plaintiffs prima facie entitlement to summary judgment.
The appellant's remaining contentions are without merit.
We find no basis for awarding sanctions on this appeal.
Rosenblatt, J. P., Ritter, Altman and Krausman, JJ., concur.