Opinion
October 26, 1998
Appeal from the Supreme Court, Suffolk County (Kitson, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the defendant's contentions, the plaintiff was entitled to summary judgment to recover on the promissory note. The plaintiff made a prima facie showing by proving the existence of the note, the unconditional terms of repayment, and the defendant's default. In opposition, the defendant failed to establish by admissible evidence the existence of a triable issue of fact or a meritorious defense. Thus, summary judgment in lieu of complaint was properly granted ( see, Interman Indus. Prods. v. R.S.M. Electron Power, 37 N.Y.2d 151; Grammas Assocs., Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; Key Bank v. Lisi, 225 A.D.2d 669; East N. Y Sav. Bank v. Baccaray, 214 A.D.2d 601).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.