Opinion
March 20, 1989
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the order is affirmed, with costs.
In support of its motions for summary judgment in lieu of complaint (see, CPLR 3213), the plaintiff established its causes of action as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557), by proof of the promissory notes in question, and of nonpayment according to their terms (see, Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A.D.2d 136, affd 29 N.Y.2d 617; New Rochelle Dodge v. Bank of N.Y., 127 A.D.2d 638). It was then incumbent upon the defendants to demonstrate, by admissible evidence, the existence of triable factual issues (see, Zuckerman v. City of New York, supra; Ihmels v. Kahn, 126 A.D.2d 701). However, although in each action the defendant alleged there was a valid affirmative defense, i.e., fraud in the inducement, those allegations amounted to no more than unsubstantiated, conclusory assertions which were not sufficient to defeat the motions (see, Marine Midland Bank v. Simpson Edson, Inc., 120 A.D.2d 709; Abacus Real Estate Fin. Co. v. P.A.R. Constr. Maintenance Corp., 115 A.D.2d 576). There being no issues in need of determination, each of the respective motions for summary judgment was properly granted. Mollen, P.J., Mangano, Thompson and Rubin, JJ., concur.