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CITIBANK v. SOUTO GEFFEN CO.

231 A.D.2d 466 (1996)

647 N.Y.S.2d 467

Citibank, N. A., Respondent, v. Souto Geffen Company et al., Appellants, et al., Defendants

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

September 24, 1996

Plaintiff established a prima facie case by showing the existence of the note and defendants' default in payment (see, Greater N. Y. Sav. Bank v 2120 Realty, 202 A.D.2d 248). Defendants do not deny that they have not made payments of interest or principal, and their unsupported conclusory allegations of tortious and/or fraudulent conduct by the bank are insufficient to demonstrate a question of fact sufficient to defeat plaintiff...

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