Opinion
2014-08-27
J.P. MORGAN CHASE BANK, N.A., respondent, v. LANAR SYSTEMS, INC., et al., defendants, Joni Gambardella, appellant.
D'Agostino Law Office, P.C., Pleasantville, N.Y. (Joni Gambardella, pro se, of counsel), for appellant. Buonamici & LaRaus, LLP, White Plains, N.Y. (A. Albert Buonamici of counsel), for respondent.
D'Agostino Law Office, P.C., Pleasantville, N.Y. (Joni Gambardella, pro se, of counsel), for appellant.Buonamici & LaRaus, LLP, White Plains, N.Y. (A. Albert Buonamici of counsel), for respondent.
In an action to recover on revolving line of credit agreements and guaranties, the defendant Joni Gambardella appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), entered February 28, 2013, as granted that branch of the plaintiff's motion which was for summary judgment on so much of the complaint as sought, in effect, to recover the outstanding principal balance of $56,866.36 against her.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff made a prima facie showing of its entitlement to judgment as a matter of law against the defendant Joni Gambardella by submitting proof of the existence of the underlying credit agreements, Gambardella's personal guaranties of the obligations under those agreements, and the other defendants' failure to make payment in accordance with the terms of the credit agreements ( see JPMorgan Chase Bank, N.A. v. Bauer, 92 A.D.3d 641, 641–642, 938 N.Y.S.2d 190; JPMorgan Chase Bank v. Gamut–Mitchell, Inc., 27 A.D.3d 622, 622–623, 811 N.Y.S.2d 777). In opposition, Gambardella failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on so much of the complaint as sought, in effect, to recover the outstanding principal balance of $56,866.36 against Gambardella. DICKERSON, J.P., LEVENTHAL, AUSTIN and HINDS–RADIX, JJ., concur.