Opinion
March 4, 1996
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff established a prima facie case with the production of a promissory note executed by the parties and the undisputed assertion that the defendants defaulted on the note ( see, Wagner v Triefler, 215 A.D.2d 648; Fritz v Scuderi, 203 A.D.2d 420; Silber v Muschel, 190 A.D.2d 727). The burden then shifted to the defendants to establish a triable issue of fact (see, Wagner v Triefler, supra; Silber v Muschel, supra), which they failed to do. Ritter, J.P., Thompson, Pizzuto and Hart, JJ., concur.