Plaintiff appeals from an order of the Civil Court, New York County, entered on or about December 23, 2003 (Anil C. Singh, J.) which granted defendant's motion for summary judgment dismissing the complaint.

PER CURIAM:

Order entered on or about December 23, 2003 (Anil C. Singh, J.) affirmed, with $10 costs.

Summary judgment was properly granted in defendant's favor dismissing this action to recover an overpayment allegedly made by plaintiff on a student loan. In moving for summary relief, defendant presented the promissory note and proof of plaintiff's late payments. Plaintiff's conclusory and unsubstantiated claim that defendant had erroneously calculated the balance due under the promissory note was insufficient to defeat summary judgment (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The promissory note expressly permitted the defendant, as lender, to "add any interest that is not paid when it is due, [including] interest payable [by plaintiff] that accrues during authorized deferment periods, to the unpaid principal balance of this loan." [*2]

This constitutes the decision and order of the Court.
Decision Date: May 13, 2005