Beer Sheva Realty Corp. v. Ponjnitayapanu

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered March 21, 1994, awarding damages in favor of plaintiff and against defendant, and bringing up for review a prior order, same court and Justice, granting plaintiff’s motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

Plaintiff established a prima facie case by proof of defendant’s execution of the two promissory notes sued upon, and defendant’s failure to make the payments called for by their terms. Thus, it was incumbent upon defendant to set forth his version of the facts in evidentiary…