Bank of New York v. Hyland

Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: The court properly denied plaintiff’s motion for summary judgment. By their affidavits and that of their accountant, defendants made a sufficient showing in opposition to the motion to raise triable questions of fact on the validity of their defenses to notes (CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). Moreover, in view of plaintiff’s failure to comply with defendants’ discovery notice and its inability to produce certain records pertinent to…