Plaintiff appeals from an order denying its motion for summary judgment on the complaint. The Appellate Division reverses and grants the motion. Plaintiff established, prima facie, its entitlement to judgment as a matter of law by submitting a copy of the note and defendant's payment history, evincing defendant's obligations under the note and his failure to make a payment in accordance with its terms. The affidavit of plaintiff's recovery supervisor established that plaintiff's business records satisfied the admissibility requirements of CPLR 4518(a). In opposition, defendant failed to raise a triable issue of fact as to any bona fide defense, as his contentions were unsubstantiated and speculative.
Branch Banking & Trust Co. v. Myrthil, NY Slip Op 04784 (2d Dep't August 3, 2022)
