Opinion
June 22, 1995
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
Plaintiff established a prima facie case by proof of defendant Phoenix's execution of a promissory note in the principal sum of $200,000, defendants Chus' execution of unconditional personal guarantees, and defendants' failure to make payment upon proper demand ( Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A.D.2d 136, 137, affd 29 N.Y.2d 617). Moreover, defendants failed to submit evidentiary proof sufficient to raise a triable issue with respect to their asserted defenses and counterclaims (supra, at 137-138). Defendants' conclusory allegations regarding plaintiff's relationship with their landlord, as well as the loan documentation submitted by defendants, do not demonstrate that plaintiff made any false misrepresentations that induced the defendants to enter into the loan transaction (CPLR 3016 [b]).
Concur — Sullivan, J.P., Rubin, Asch and Williams, JJ.