Opinion
Submitted September 5, 2000
October 2, 2000.
In an action to recover on two promissory notes brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 28, 1999, which denied the motion.
Giresi Associates, LLC, Brooklyn, N.Y. (Maria T. Giresi of counsel), for appellant.
Daniel Hardick, Melville, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate judgment.
The plaintiff established his prima facie entitlement to judgment as a matter of law by submitting proof of the promissory notes and demonstrating that the defendant had defaulted in payment thereon (see, Badenhop v. Badenhop, 271 A.D.2d 386 [2d Dept., Apr. 3, 2000]). In opposition, the defendant failed to establish that a triable issue of fact existed (see, J.L.B. Equities v. Mind Over Money, 261 A.D.2d 510; Judarl v. Cycletech, Inc., 246 A.D.2d 736; Friends Lbr. v. Cornell Dev. Corp., 243 A.D.2d 886, 887). Accordingly, the plaintiff's motion for summary judgment should have been granted.