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MORGAN GUAR. TRUST CO. v. REICHLIN

182 A.D.2d 453 (1992)

Morgan Guaranty Trust Company, Respondent, v. Herbert Reichlin et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 9, 1992

"Execution [of the note] and default having been conceded, it was incumbent on defendants to come forward with evidentiary proof sufficient to raise an issue as to the defenses." (Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137-138, affd 29 N.Y.2d 617.) As plaintiff bank has shown execution and default, and the defendants have utterly failed to come forth with proof in evidentiary...

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