TD Bank, N.A. v. A.H. Dental P.C.

Summary

The Appellate Division, First Department unanimously affirmed a judgment awarding TD Bank, N.A. $1,342,369.42 for breaches of promissory notes and guarantees. The court held that the bank established defendants' defaults through the notes, guarantees, loan records, demand letter, and supporting affidavit, while defendants failed to raise factual issues or substantiate most of their affirmative defenses.

Holdings

1. TD Bank made a prima facie showing of entitlement to the amounts due by submitting the notes, guarantees, other loan documents, demand letter, and an affidavit confirming defendants' nonpayment.
2. Defendants failed to raise an issue of fact because their opposition consisted solely of a memorandum of law and did not address the underlying factual assertions supported by TD Bank's evidence.
3. Defendants waived the affirmative defenses they failed to address or support, and failed to substantiate their remaining mitigation defenses with credible evidence.

Questions Presented

1. Whether TD Bank established prima facie entitlement to summary judgment on its claims for amounts due under the promissory notes and guarantees.
2. Whether defendants raised a triable issue of fact in opposition to the summary judgment motion.
3. Whether defendants supported their affirmative defenses, including alleged failure to mitigate damages by pursuing replevin of certain equipment.

Disposition

affirmed