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EASTBANK v. PHOENIX GARDEN REST., INC.

216 A.D.2d 152 (1995)

628 N.Y.S.2d 283

Eastbank, N. A., Respondent, v. Phoenix Garden Restaurant, Inc., et al., Appellants

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

June 22, 1995

Plaintiff established a prima facie case by proof of defendant Phoenix's execution of a promissory note in the principal sum of $200,000, defendants Chus' execution of unconditional personal guarantees, and defendants' failure to make payment upon proper demand (Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137, affd 29 N.Y.2d 617). Moreover, defendants failed to submit...

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