Joint Venture Asset Acquisition v. Tufano

Full title: JOINT VENTURE ASSET ACQUISITION, Respondent, v. PAUL TUFANO, Appellant, et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 12, 1994

203 A.D.2d 102 (N.Y. App. Div. 1994)

610 N.Y.S.2d 37

Opinion

April 12, 1994

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).

The IAS Court correctly granted plaintiff's motion for summary judgment. Defendant-appellant's belated assertions that his signature on the promissory note was forged and that he was in Texas at the time the note was executed amount to mere conclusory statements, unsubstantiated in the record, which are not sufficient to defeat plaintiff's prima facie showing of entitlement to summary judgment (Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255, 259).

Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Williams, JJ.