Ordered that the appeal from the order is dismissed as withdrawn; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The plaintiff made a prima facie showing of entitlement to judgment as a matter of law under CPLR 3213 by demonstrating the existence of the promissory note executed by the defendants, the unconditional terms of repayment, and the defendants' default thereunder ( see, Grammas Assocs., Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; Key Bank v. Lisi, 225 A.D.2d 669; East N Y Sav. Bank v. Baccaray, 214 A.D.2d 601). The burden thus shifted to the defendants to establish by admissible evidence the existence of triable issues of fact or a meritorious defense. We agree with the Supreme Court that the defendants failed to so establish. Contrary to the defendants' contentions, the parties' separate consulting agreement did not preclude granting summary judgment on the note, since payment on the note was not conditional upon the plaintiff's fulfilling his obligations under the consulting agreement. Furthermore, the defendants were allowed to pursue their claimed breach of the consulting agreement by compelling arbitration under the terms of that agreement.
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.