Opinion
May 27, 1994
Appeal from the Supreme Court, Onondaga County, Nicholson, J.
Present — Denman, P.J., Fallon, Wesley, Davis and Boehm, JJ.
Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment to plaintiff (see, Agristor Leasing-II v. Pangburn, 162 A.D.2d 960, 961). Defendant failed to submit evidentiary proof in admissible form to show the existence of material issues of fact (see, Columbus Natl. Leasing Corp. v. Perkin-Elmer Corp., 177 A.D.2d 1035). The alleged defects that led defendant to stop payment on her checks were readily discoverable by the exercise of reasonable diligence, and thus provide no basis for her claim of fraud (see, Sirota v. Langtry, 204 A.D.2d 1009 [decided herewith]; George v. Lumbrazo, 184 A.D.2d 1050, lv dismissed 81 N.Y.2d 759).