Opinion
February 14, 1991
Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).
Plaintiff established a prima facie case by proof of execution of the promissory note executed by Key and the guaranty by Berman, and defendants' failure to make payments called for by their terms. (Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137, affd 29 N.Y.2d 617; Gateway State Bank v Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627. ) Thus, it was incumbent upon defendants to come forward with proof of evidentiary facts showing the existence of a triable issue of fact with respect to a bona fide defense. (Gateway State Bank v Shangri-La Private Club for Women, supra, at 792.) The unsubstantiated and conclusory allegations of fraudulent inducement and fraudulent misrepresentations proffered by defendants were insufficient to meet this burden. Defendants did not set forth with the requisite particularity the details of the alleged fraud (see, New York Fruit Auction Corp. v City of New York, 81 A.D.2d 159, 161, affd 56 N.Y.2d 1015). Having properly disposed of the parties' claims, on the merits, the court properly dismissed as moot the separate action commenced by defendants against plaintiff, arising out of the same transaction, and based upon the same unsubstantiated claim of fraud.
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.