Opinion
11-14-2014
CATTARAUGUS COUNTY BANK, Plaintiff–Appellant, v. Corey W. BROWN and Green Gable Village, Limited, Defendants–Respondents.
Goodell & Rankin, Jamestown (Kimberly M. Thrun of counsel), for Plaintiff–Appellant. R. Michael Goldman, Jamestown, for Defendants–Respondents.
Goodell & Rankin, Jamestown (Kimberly M. Thrun of counsel), for Plaintiff–Appellant.
R. Michael Goldman, Jamestown, for Defendants–Respondents.
Opinion
MEMORANDUM: Plaintiff appeals from an order that denied its motion for summary judgment in lieu of complaint pursuant to CPLR 3213. We reverse. Plaintiff met its initial burden by submitting the promissory note, the unconditional guarantee of defendant Green Gable Village, Limited, and evidence of defendant Corey W. Brown's default on the note (see Counsel Fin. Servs., LLC v. David McQuade Leibowitz, P.C., 67 A.D.3d 1483, 1484, 889 N.Y.S.2d 811 ; LaMar v. Vasile [Appeal No. 4], 49 A.D.3d 1218, 1219, 852 N.Y.S.2d 900 ), and defendants failed to raise a triable issue of fact. Defendants' conclusory, unsubstantiated and irrelevant allegations that the promissory note was to be paid in full by the purchaser of the real property securing the note are insufficient to defeat the motion (see generally Quadrant Mgt. Inc. v.
Hecker, 102 A.D.3d 410, 410–411, 957 N.Y.S.2d 697 ).
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.
SCUDDER, P.J., FAHEY, CARNI, LINDLEY, and VALENTINO, JJ., concur.