Opinion
June 29, 1998
Appeal from the Supreme Court, Richmond County, (Mastro, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
The plaintiff sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting proof of the existence of the underlying note, the guaranty, and the failure to make payment in accordance with their terms (see, CPLR 3213; Naugatuck Sav. Bank v. Gross, 214 A.D.2d 549). It was thus incumbent upon the appellant to demonstrate, by admissible evidence, the existence of a genuine triable issue of fact with respect to a bona fide defense. Here, the appellant's unsupported conclusory allegations were insufficient to defeat the plaintiffs motion ( see, Naugatuck Sav. Bank v. Gross, supra; Grammas Assocs., Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; SCP [Bermuda] v. Bermudatel Ltd., 224 A.D.2d 214).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.