McMann v. Ballantyne Marine, Inc.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff’s motion for summary judgment and did not abuse its discretion in denying defendant’s application for a stay. Plaintiff established his entitlement to summary judgment on the promissory note and defendant failed to present evidentiary proof in admissible form sufficient to raise a triable issue of fact (see, Zuckerman v City of New York, 49 *1132NY2d 557, 562; Miracle Plywood Corp. v Nepperhan Realty Corp., 171 AD2d 847).

Defendant’s counterclaims, which arise out of plaintiffs alleged conduct as an…