QUADRANT MANAGEMENT INC., plf-res, v. JOHN HECKER, def-ap, MAXINE SHRIBER def

8940-8941. QUADRANT MANAGEMENT INC., plf-res, v. JOHN HECKER, def-ap, MAXINE SHRIBER def — Wechsler & Cohen LLP, New York (Kim Lauren Michael of counsel), for ap — Jones Day, New York (Tracy V. Schaffer of counsel), for res — Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 6, 2012, against defendant John Hecker, and order, same court and Justice, entered June 22, 2012, which sua sponte vacated the stay of entry and execution of judgment, unanimously affirmed, without costs.

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8940-8941. QUADRANT MANAGEMENT INC., plf-res, v. JOHN HECKER, def-ap, MAXINE SHRIBER def — Wechsler & Cohen LLP, New York (Kim Lauren Michael of counsel), for ap — Jones Day, New York (Tracy V. Schaffer of counsel), for res — Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 6, 2012, against defendant John Hecker, and order, same court and Justice, entered June 22, 2012, which sua sponte vacated the stay of entry and execution of judgment, unanimously affirmed, without costs.

Plaintiff established its prima facie case on the promissory note by submitting a copy of the executed note and an affidavit by its CFO stating that defendant failed to repay the note in accordance with its terms (see Solomon v. Langer, 66 AD3d 508 [1st Dept 2009]). In opposition, defendant failed to raise an issue of fact as to a bona fide defense. In his affidavit he asserts that the loan was an advance against deferred compensation and that plaintiff’s president fraudulently induced him to sign the note by misrepresenting that the loan would be credited against his deferred compensation. However, these assertions are unsubstantiated and conclusory (see Banco Popular N. Am. v. Victory Taxi Mgt., 1 NY3d 381, 383-384 [2004]; Banner Indus. v. Key B.H. Assoc., 170 AD2d 246 [1st Dept 1991]; Kornfeld v. NRX Tech., 93 AD2d 772, 773 [1st Dept 1983], affd 62 NY2d 686 [1984]).

QUADRANT MANAGEMENT INC., plf-res, v. JOHN HECKER, def-ap, MAXINE SHRIBER def

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