Opinion
October 5, 1998
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff established a prima facie case by setting forth the undisputed fact that the defendants defaulted on a guaranty pursuant to which they agreed to pay the debt incurred by the parents of the defendant Christine Zaweski in the sum of $120,500 ( see, Colonial Commercial Corp. v. Breskel Assocs., 238 A.D.2d 539). It was then incumbent on the defendants to come forward with proof of evidentiary facts showing the existence of a triable issue with respect to their defense ( see, Colonial Commercial Corp. v. Breskel Assocs., supra). The defendants' unsubstantiated, conclusory allegations of constructive fraud and fraud in the inducement were insufficient to defeat the plaintiff's motion for summary judgment, in lieu of complaint ( see, Colonial Commercial Corp. v. Breskel Assocs., supra; TPZ Corp. v. Rigakos, 226 A.D.2d 445).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.