Vali Industries, Inc. v. Mega Builders, Inc.

In an action to recover on a promissory note and personal guaranty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated May 1, 2012, which denied its motion for summary judgment on the complaint.

*844Ordered that the order is affirmed, with costs.

“To make a prima facie showing of entitlement to judgment as a matter of law in an action to recover on a note, and on a guaranty thereof, a plaintiff must establish ‘the existence of a note and guaranty and the defendants’ failure to make payments according to their terms’ ” (JPMorgan Chase Bank, N.A. v Galt Group,…