Opinion
2004-126 N C.
Decided November 19, 2004.
Appeal by defendant from so much of an order of the District Court, Nassau County (E. Prager, J.), dated October 3, 2003, as granted plaintiff's motion for summary judgment as to liability.
Order insofar as appealed from unanimously affirmed with $10 costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In support of its motion for summary judgment, plaintiff demonstrated that it sold goods and services on credit to a corporate purchaser and that the corporation went out of business without satisfying the debt. It was undisputed that defendant signed the personal guaranty appearing on the corporate credit application wherein defendant guaranteed payment of the corporate debt. Accordingly, plaintiff made a prima facie showing of its entitlement to summary judgment ( see E.D.S. Sec. Sys. v. Allyn, 262 AD2d 351; Vamattam v. Thomas, 205 AD2d 615; see also Florence Corp. v. Penguin Constr. Corp., 227 AD2d 442). To avoid summary judgment, defendant had to demonstrate the existence of a triable issue of fact with respect to a bona fide defense ( see E.D.S. Sec. Sys., 262 AD2d at 351).
Defendant incorrectly claims that the personal guaranty is unenforceable because the underlying debt sought to recover a usurious amount of interest. The defense of usury is unavailable to an individual guarantor of a corporate obligation ( see Simoni v. Time-Line, Ltd., 272 AD2d 537, 538).
Defendant's remaining contentions lack merit.