Opinion
July 21, 1986
Appeal from the Supreme Court, Nassau County (Cohen, J.).
Order entered October 3, 1985, reversed insofar as appealed from, on the law, order entered March 21, 1985 vacated, and motion granted.
The plaintiff is awarded one bill of costs.
The fraud alleged by the defendant is unrelated to the transaction in connection with which the notes sued upon were given. Any guarantee allegedly given regarding the operability of the septic system could not be given by the plaintiff, and if it was, should not have been relied upon by the defendant as the plaintiff was obviously not in a position to offer such a guarantee. Moreover, although the plaintiff established a prima facie case, the defendant's unsupported and general allegations of fraud in the inducement without factual elaboration or evidentiary support did not raise any issues of fact sufficient to withstand summary judgment (see, Blue Ridge Business Brokers v Ros-Mar Club, 121 A.D.2d 492). Mangano, J.P., Gibbons, Bracken and Spatt, JJ., concur.