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ANTHONY GANGI, appellant, et al., plaintiff, v. SOLGAR CO., INC., respondent, et al., defendants.

DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

On its motion for summary judgment on its first and second counterclaims, the defendant Solgar Vitamin and Herb Company, Inc., s/h/a Solgar Co., Inc. (hereinafter Solgar), demonstrated its entitlement to judgment as a matter of law by submitting proof of the underlying contract, promissory note, guarantees, and the appellant's default (see, CPLR 3212;Capital Circulation Corp. v. Gallop Leasing Corp., 248 A.D.2d 578 ). It was thus incumbent upon the appellant to demonstrate, by admissible evidence, the existence of a triable issue of fact with respect to a bona fide defense of the counterclaims (see, Penny, Inc. v. Zaweski, 254 A.D.2d 255 ;Colonial Commercial Corp. v. Breskel Assocs., 238 A.D.2d 539 ). The appellant's unsupported conclusory allegations of, inter alia, fraud in the inducement were insufficient to defeat the motion (see, Zuckerman v. City of New York, 49 N.Y.2d 557 ; Capital Circulation Corp. v. Gallop Leasing Corp., supra; SCP [Bermuda] v. Bermudatel Ltd., 224 A.D.2d 214 ; Raven El. Corp. v. Finkelstein, 223 A.D.2d 378 ).

The appellant's remaining contentions are without merit.

BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.

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GANGI v. SOLGAR CO., INC
(Dec 20, 1999)