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WOLF v. CITIBANK

Appellate Division of the Supreme Court of New York, Second Department.
Nov 14, 2006
Important Paras
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Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by submitting proof of promissory notes and the affidavit of its vice-president establishing that the plaintiffs failed to make payments in accordance with the terms of the notes ( see JPMorgan Chase Bank v Gamut-Mitchell, Inc., 27 AD3d 622; Charter One Bank v Houston, 300 AD2d 429; McCann v Cronin, 276 AD2d 472; Beube v English, 206 AD2d 339). In opposition, the plaintiffs' unsubstantiated and conclusory assertions were insufficient to raise a triable issue of fact ( see Simoni v Time-Line, Ltd., 272 AD2d 537; Money Store of N.Y. v Kuprianchik, 240 AD2d 398; Naugatuck Sav. Bank v Gross, 214 AD2d 549).

The plaintiffs' remaining contention is without merit.