607 N.Y.S.2d 135 | N.Y. App. Div. | 1994
In an action to recover amounts due under two promissory notes and guarantees, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), entered August 5, 1991, which denied its motion for summary judgment and for a determination of attorneys’ fees.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the defendants’ affirmative defenses and counterclaims are dismissed, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the reasonableness of the attorneys’ fees owed to the plaintiff under the promissory notes and guarantees which are the subject of the action.
Contrary to the finding of the Supreme Court, there were no triable issues of fact which warranted the denial of the plaintiff’s motion for summary judgment. The plaintiff clearly stated valid causes of action and established personal jurisdiction and proper venue. Moreover, by proof of the existence of the notes, the guarantees, and the default in payment thereof, the plaintiff demonstrated its right to summary judgment against all of the defendants (see, Curwil Constr. Corp. v RHP Dev. Corp., 194 AD2d 514). To the extent that the defendants relied upon prior or contemporaneous negotiations with the
In light of the fact that the promissory notes and guarantees grant the plaintiff a right to recover attorneys’ fees, we remit the matter to the Supreme Court for an inquest on the reasonableness of such fees. Mangano, P. J., Balletta, Santucci and Hart, JJ., concur.