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Money Store of New York v. Kuprianchik

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 398 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from the Supreme Court, Nassau County (Winick, J.).


Ordered that the order is affirmed, with costs.

The plaintiff established a prima facie case that it was entitled to summary judgment by proving the existence of the note, the defendant's guaranty of the note, and the defendant's default in payment of the note after due demand (see, Naugatuck Sav. Bank v. Gross, 214 A.D.2d 549; Samsung Am. v. Noah, 209 A.D.2d 367; North Fork Bank Trust Co. v. Jay-Ann Assocs., 192 A.D.2d 590). The defendant's conclusory and speculative assertions that the underlying loan was discharged or modified, thereby negating his guarantee, were insufficient to raise a triable issue of fact and defeat the plaintiff's motion (see, Bennell Hanover Assocs. v. Neilson, 215 A.D.2d 710, 711; Naugatuck Sav. Bank v. Gross, supra; Mountainview Realty Assocs. v. Stark, 190 A.D.2d 602, 603).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Money Store of New York v. Kuprianchik

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 398 (N.Y. App. Div. 1997)
Case details for

Money Store of New York v. Kuprianchik

Case Details

Full title:MONEY STORE OF NEW YORK, INC., Respondent, v. LEON F. KUPRIANCHIK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 2, 1997

Citations

240 A.D.2d 398 (N.Y. App. Div. 1997)
658 N.Y.S.2d 1019

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