Opinion
February 5, 1996
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the defendant's contention, the plaintiff's motion for summary judgment was properly granted (see, CPLR 3212; Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255). The affidavit of the plaintiff's managing partner was sufficient to establish that the defendant did not repay the subject loan.
Moreover, the award of attorneys' fees, as provided for in the promissory note, was reasonable. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.