Opinion
June 2, 1997
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the order is affirmed, with costs.
The plaintiff established a prima facie case that it was entitled to summary judgment by proving the existence of the note, the defendant's guaranty of the note, and the defendant's default in payment of the note after due demand (see, Naugatuck Sav. Bank v. Gross, 214 A.D.2d 549; Samsung Am. v. Noah, 209 A.D.2d 367; North Fork Bank Trust Co. v. Jay-Ann Assocs., 192 A.D.2d 590). The defendant's conclusory and speculative assertions that the underlying loan was discharged or modified, thereby negating his guarantee, were insufficient to raise a triable issue of fact and defeat the plaintiff's motion (see, Bennell Hanover Assocs. v. Neilson, 215 A.D.2d 710, 711; Naugatuck Sav. Bank v. Gross, supra; Mountainview Realty Assocs. v. Stark, 190 A.D.2d 602, 603).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.