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NORTH FORK BANK CORP. v. GRAPHIC FORMS ASSOCIATES, INC.

36 A.D.3d 676 (2007)

828 N.Y.S.2d 194

NORTH FORK BANK CORP., Respondent, v. GRAPHIC FORMS ASSOCIATES, INC., et al., Defendants, and PETER BATTAGLINO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the defendant Peter Battaglino, the plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by submitting proof of an underlying credit agreement, a personal guaranty bearing Battaglino's signature, and the defendants' failure to make payment in accordance with the terms of the credit agreement and guaranty (see JPMorgan Chase Bank...

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