Opinion
February 14, 1995
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the judgment is affirmed, with costs.
By decision and order of this Court dated March 1, 1993 (Gemilas Chesed Kehilath Jakov Papa v. Oberlander, 191 A.D.2d 411, supra), the present appeal was held in abeyance while the issue of whether the defendant had been properly served with process was remitted to the Supreme Court, Kings County, for a hearing. The hearing that was held on March 23, 1994, established that the defendant was personally served with process by Henry Rubenstein on May 24, 1990, and the Supreme Court so found in its report to this Court dated March 25, 1994.
The plaintiff submitted with its motion for summary judgment a promissory note signed by the defendant, two cancelled checks endorsed by him, and proof that the defendant had failed to make any payments on the note, a failure that the defendant does not deny. The plaintiff has, therefore, established a prima facie case for recovery on the note, and, in view of the defendant's failure to submit any proof of evidentiary facts showing the existence of a triable issue with respect to a bona fide defense, summary judgment was properly granted to the plaintiff (see, Gateway State Bank v. Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627). Bracken, J.P., Miller, Lawrence, Copertino and Santucci, JJ., concur.