Williams, P.J., Nardelli, Tom, Lerner, JJ.

2209

Rich Lending Corp.,

Plaintiff-Respondent,

Barry Yellen

-against-

Alan Ballinger,

Defendant-Appellant.

Deborah A. Schwartz

Order, Supreme Court, New York County (Herman Cahn, J.), entered June 20, 2001, which granted plaintiff's motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

Defendant's affirmative defenses, including fraud in the inducement and lack of consideration, were properly rejected as too conclusory to defeat the motion (see Bennell Hanover Assocs. v Neilson, 215 AD2d 710).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 14, 2002

_______________________

CLERK