Opinion
5954.
April 28, 2005.
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 8, 2004, which, inter alia, granted plaintiff's motion for summary judgment in lieu of a complaint, unanimously affirmed, with costs.
Shaw Binder, New York (Stuart F. Shaw of counsel), for appellant.
Snow Becker Krauss P.C., New York (Ronald S. Herzog of counsel), for respondent.
Before: Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.
Plaintiff established a prima facie right to recovery by submitting proof of the promissory note sued upon and defendant's failure to make payment according to its terms ( see Alard, L.L.C. v. Weiss, 1 AD3d 131). Defendant failed to meet its consequent burden to come forward with admissible evidence establishing a triable issue ( see generally Zuckerman v. City of New York, 49 NY2d 557, 562). Instead, he offered only conclusory denials largely, if not wholly, inconsistent with the documentary evidence ( see e.g., Coutts Bank [Switzerland] Ltd. v. Anatian, 261 AD2d 307, lv dismissed 94 NY2d 875 ; Joint Venture Asset Acquisition v. Tufano, 203 AD2d 102; Connecticut Natl. Bank v. Hack, 186 AD2d 387). We have reviewed defendant's remaining contentions and find them unavailing.