Opinion
March 23, 1998
Appeal from the Supreme Court, Queens County (Satterfield, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff established a prima facie case by proving the existence and genuineness of the promissory note and guaranty at issue and the respondents' failure to make payment thereunder. The burden then shifted to the respondents to establish by admissible evidence the existence of a triable issue of fact or a meritorious defense. However, the respondents' assertions including a claimed lack of consideration, were merely unsupported conclusory allegations which were insufficient to defeat the plaintiff's motion ( see, Grammas Assocs. Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; Bennell Hanover Assocs. v. Neilson, 215 A.D.2d 710).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.