Majority
—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered October 5, 1992, in favor of plaintiff and against defendant in the amount of $50,000, exclusive of interest, costs and disbursements, 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.
Summary judgment was properly granted since plaintiffs affidavit and submission of stopped checks signed by defendant were sufficient to prove a prima facie case (Seaman-Andwall Corp. v Wright Mach. Corp., 31 AD2d 136 , 137, affd 29 NY2d 617 ), whereas the affirmation of defendant’s attorney in opposition was without evidentiary value and insufficient to raise a triable issue of fact (GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965 , 967; Zuckerman v City of New York, 49 NY2d 557 , 563). Concur—Murphy, P. J., Rosenberger, Ross, Rubin and Williams, JJ.
Cases cited
- Seaman-Andwall Corp. v. Wright Machine Corp. 31 AD2d 136 at 137 p. 30
- Seaman-Andwall Corp. v. Wright Machine Corp. 29 NY2d 617 p. 30
- GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc. 66 NY2d 965 at 967 p. 30
- Zuckerman v. City of New York 49 NY2d 557 at 563 p. 30