Manufacturers & Traders Trust Co. v. True-Tone Sound, Inc.

—Judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover under two promissory notes and guarantees executed by defendants. Supreme Court properly granted plaintiff’s motion seeking summary judgment on the complaint and dismissal of the answers of defendants True-Tone Sound, Inc. (True-Tone) and Russell L. Sutphen Trust (Sutphen Trust). Plaintiff met its initial burden on the motion by submitting copies of the promissory notes and guarantees, as well as an affidavit from its vice president establishing the nonpayment of the notes (see, American…