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Beneficial N.Y., Inc. v. Bernard

Appellate Term of the Supreme Court of New York, Second Department
Mar 15, 2011
2011 N.Y. Slip Op. 50440 (N.Y. App. Term 2011)

Opinion

2010-252 Q C.

Decided March 15, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered June 24, 2009. The order denied plaintiff's motion for summary judgment.

ORDERED that the order is reversed, without costs, and plaintiff's motion for summary judgment is granted.

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.


In this action to recover on a credit loan agreement, the Civil Court denied plaintiff's motion for summary judgment.

In our view, plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by submitting proof of the credit loan agreement and defendant's failure to make payment due in accordance therewith ( see HSBC Bank USA, N.A. v Laniado, 72 AD3d 645). The burden then shifted to defendant to establish by admissible evidence the existence of a triable issue of fact ( see Quest Commercial, LLC v Rovner, 35 AD3d 576). In opposition to the motion, defendant made only conclusory and unsubstantiated assertions which failed to raise any issue of fact ( see Wells Fargo Bank Minn., Natl. Assn. v Perez, 41 AD3d 590).

Accordingly, the order denying plaintiff's motion for summary judgment is reversed and plaintiff's motion is granted.

Weston, J.P., Golia and Rios, JJ., concur.


Summaries of

Beneficial N.Y., Inc. v. Bernard

Appellate Term of the Supreme Court of New York, Second Department
Mar 15, 2011
2011 N.Y. Slip Op. 50440 (N.Y. App. Term 2011)
Case details for

Beneficial N.Y., Inc. v. Bernard

Case Details

Full title:BENEFICIAL NEW YORK, INC., Appellant, v. MARIE BERNARD, Respondent

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 15, 2011

Citations

2011 N.Y. Slip Op. 50440 (N.Y. App. Term 2011)
926 N.Y.S.2d 342