Appeal by defendant from a judgment of the Civil Court, Kings County (E. Prus, J.), entered on October 14, 2003, awarding plaintiff the principal sum of $3,677.55, pursuant to an order granting plaintiff's motion for summary judgment.

Judgment unanimously affirmed without costs.
On its motion for summary judgment, plaintiff established a prima facie case by submitting copies of the loan agreement, the endorsed check evidencing the loan and proof that defendant defaulted thereunder (see Manufacturers & Traders Trust Co. v True Tone Sound, 288 AD2d 951 [2001]). A party opposing summary judgment is required to "submit evidentiary facts or materials, by affidavit or otherwise * * * demonstrating the existence of a triable issue of ultimate fact" (Indig v Finkelstein, 23 NY2d 728, 729 [1968]). The unsworn document submitted in opposition to the motion by defendant failed to raise a triable issue of fact. While a verified answer can be used in lieu of a sworn affidavit (CPLR 105 [u]), the defendant's verified answer consisting of a general denial was conclusory. Accordingly, the motion for summary judgment was properly granted.
Decision Date: June 07, 2004