CICCONI v. SMITH

Plaintiff made a prima facie case for a right to payment by proof of the note and the debtor's failure to make the payments called for therein ( Boland v Indah Kiat Fin. [IV] Mauritius, 291 AD2d 342). Defendant McGinn, Smith failed to rebut sufficiently Plaintiff's statement of material facts. McGinn, Smith's counterclaims were not sufficiently interwoven with the note to be considered a setoff against Plaintiff's claim ( see Reed v Shoratlantic Dev. Co., 121 AD2d 525).

We have considered McGinn, Smith's remaining arguments and find them without merit.