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Beneficial New York, Inc v. Marie Bernard

SUPREME COURT OF THE STATE OF NEW YORK


March 15, 2011

BENEFICIAL NEW YORK, INC.,
APPELLANT,
v.
MARIE BERNARD,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered June 24, 2009.

Beneficial N.Y., Inc. v Bernard

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 15, 2011

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ

The order denied plaintiff's motion for summary judgment.

ORDERED that the order is reversed, without costs, and plaintiff's motion for summary judgment is granted.

In this action to recover on a credit loan agreement, the Civil Court denied plaintiff's motion for summary judgment.

In our view, plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by submitting proof of the credit loan agreement and defendant's failure to make payment due in accordance therewith (see HSBC Bank USA, N.A. v Laniado, 72 AD3d 645 [2009]). The burden then shifted to defendant to establish by admissible evidence the existence of a triable issue of fact (see Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]). In opposition to the motion, defendant made only conclusory and unsubstantiated assertions which failed to raise any issue of fact (see Wells Fargo Bank Minn., Natl. Assn. v Perez, 41 AD3d 590 [2007]).

Accordingly, the order denying plaintiff's motion for summary judgment is reversed and plaintiff's motion is granted.

Weston, J.P., Golia and Rios, JJ., concur.

Decision Date: March 15, 2011

20110315

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