Opinion
April 29, 1991
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the judgment is affirmed, with costs.
In order to establish its cause of action to recover on the guaranty of payment as a matter of law, the plaintiff was required to present proof of the existence of the guaranty in question and nonpayment according to its terms (see, AMEV Capital Corp. v. Kirk, 169 A.D.2d 802; Fidelity N.Y. v. Hanover Cos., 148 A.D.2d 577).
The plaintiff presented undisputed evidence that the appellant had executed a guaranty of payment for a $400,000 corporate loan in favor of J.D.A.M. Realty Corp. (hereinafter JDAM). The appellant did not contest the existence of the guaranty or that he had failed to comply with the plaintiff's demand for payment after JDAM defaulted. As the appellant did not demonstrate the existence of any triable factual issues, summary judgment was properly granted to the plaintiff (see, AMEV Capital Corp. v Kirk, supra; Fidelity N.Y. v. Hanover Cos., supra; Ihmels v. Kahn, 126 A.D.2d 701; Gateway State Bank v. Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627; see also, UCC 3-416). Thompson, J.P., Brown, Kunzeman and Balletta, JJ., concur.