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STATEN ISLAND SAV. BANK v. BAYVIEW ASSOCS.

251 A.D.2d 320 (1998)

673 N.Y.S.2d 1017

Staten Island Savings Bank, Respondent, v. Bayview Associates et al., Defendants, and Ralph Permahos, Appellant

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

June 1, 1998

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

To establish a prima facie case in a motion for summary judgment in lieu of complaint, the movant must demonstrate the existence of the instrument and a failure to make the payments called for by its terms (see, Interman Indus. Prods. v R.S.M. Electron Power, 37 N.Y.2d 151, 155). The plaintiff...

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