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IBT INDUSTRIES, LTD., Appellant, v. PHILIP SCHIAVO, Respondent.

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

Contrary to the plaintiff's argument, the letter from the vice-president and corporate manager of Barclays Bank of New York, taken together with the personal affidavit of the defendant Schiavo, properly demonstrated that the defendant had satisfied his contractually mandated obligation to use "reasonable good faith efforts to secure the voluntary release of the property from the mortgage held by Barclays Bank" (see, Zuckerman v City of New York, 49 N.Y.2d 557; Tendler v Lazar, 141 A.D.2d 717). The plaintiff's failure to respond with anything but conclusory and speculative allegations warranted the granting of summary judgment in favor of the defendant (Kennerly v Campbell Chain Co., 133 A.D.2d 669; Gateway State Bank v Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627; Babcock v Allan, 115 A.D.2d 297). We have examined the plaintiff's remaining arguments and find them to be without merit. Mangano, J.P., Kunzeman, Eiber and Harwood, JJ., concur.

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IBT INDUSTRIES, LTD. v. SCHIAVO
(Mar 5, 1990)