LEVIEN v. ALLEN

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly awarded judgment to the plaintiff. The plaintiff established a prima facie case by submitting proof of the existence of the three promissory notes and the defendants' default on each note ( see Lorenz Diversified Corp. v Falk, 44 AD3d 910; Marinis v Scherr, 306 AD2d 448). The defendants failed to controvert the evidence presented by the plaintiff ( see Lorenz Diversified Corp. v Falk, 44 AD3d 910). Furthermore, the defendants failed to establish the affirmative defenses of lack of consideration ( see Anand v Wilson, 32 AD3d 808, 809; see generally Mencher v Weiss, 306 NY 1, 8 [1953]) or usury ( cf. Hicki v Choice Capital Corp., 264 AD2d 710, 711). The defendants also failed to establish that the plaintiff converted the loans to a capital contribution ( cf. Security Mut. Life Ins. Co. v Member Servs., Inc., 46 AD3d 1077, 1078; J.L.B. Equities v Mind Over Money, 261 AD2d 510).

The defendants' remaining contentions are either improperly raised for the first time on appeal or without merit.