Opinion
5670
December 18, 2001.
Judgment, Supreme Court, New York County (Sheila Abdus Salaam, J.), entered July 20, 2000, in plaintiffs' favor, in the total amount of $142,699.58, on two promissory notes, unanimously affirmed, with costs.
Mark E. Schaefer, for plaintiffs-respondents.
Howard Karasik, for defendant-appellant.
Before: Lerner, J.P., Saxe, Buckley, Friedman, Marlow, JJ.
While summary judgment upon a promissory note should be denied where there are questions of fact as to whether the note was procured by fraud (see, GTE Automatic Elec., Inc. v. Martin's Inc., 127 A.D.2d 545), here, the allegations in defendant's verified pleading were conclusory and unsubstantiated, and, indeed, substantially contradicted by plaintiffs' documentary evidence, and, as such, insufficient to warrant denial of plaintiffs' summary judgment motion (see, Bank Leumi Trust Co. of New York v. Lightning Park, Inc., 215 A.D.2d 246). Defendant's claim that he had been unable to obtain facts necessary to oppose summary judgment was properly rejected by the motion court since the action had been commenced more than two years prior to the summary judgment motion and defendant, during that time, failed to proceed in a timely fashion to procure plaintiffs' depositions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.