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VERELA v. CITRUS LAKE DEV., INC.

2007-06770.

2008 NY Slip Op 06292

CLAUDE VERELA, respondent, v. CITRUS LAKE DEVELOPMENT, INC., ET AL., appellants.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Ursula A. Gangemi, PLLC, Brooklyn, N.Y., for appellants.

Favata & Wallace LLP, Garden City, N.Y. (William G. Wallace of counsel), for respondent.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, MARK C. DILLON, WILLIAM E. McCARTHY, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by establishing the existence of a note and guaranty and the defendants' failure to make payments according to their terms (see Famolaro v. Crest Offset, Inc., 24 A.D.3d 604, 604-605; Hestnar v. Schetter, 284 A.D.2d 499<...

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