Opinion
April 9, 1992
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
"Execution [of the note] and default having been conceded, it was incumbent on defendants to come forward with evidentiary proof sufficient to raise an issue as to the defenses." (Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137-138, affd 29 N.Y.2d 617.) As plaintiff bank has shown execution and default, and the defendants have utterly failed to come forth with proof in evidentiary form tending to establish their defenses of lack of consideration, economic duress, payment and fraud, the IAS Court appropriately granted summary judgment in lieu of complaint.
Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Smith, JJ.