Appeal from an order of the Civil Court of the City of New York, Queens County (Howard G. Lane, J.), entered December 22, 2005. The order granted plaintiffs' motion for summary judgment in lieu of complaint.

Order affirmed without costs.

In this action, commenced pursuant to CPLR 3213, to recover a balance due upon 14 promissory notes, plaintiffs established a prima facie case by proof of the promissory notes signed by defendant and of defendant's failure to pay the balance due thereunder (see Soliman v Folorunso, 6 Misc 3d 126[A], 2004 NY Slip Op 51681[U] [App Term, 2d & 11th Jud Dists]). Defendant's papers in opposition to plaintiff's motion
consisted of an unsigned affirmation by counsel which did not constitute evidence in admissible form (see Hargrove v Baltic Estates, 278 AD2d 278, 279 [2000]; see also Miller v Brust, 278 AD2d 462 [2000]; Fuller v Tae Kwon, 259 AD2d 662 [1999]), and, in any event, was insufficient to raise a triable issue of fact since counsel lacked personal knowledge of the facts in this case (see Rue v Stokes, 191 AD2d 245 [1993]).

Defendant's contention that the affidavit of plaintiff Alvaro Tlatelpa, submitted upon plaintiffs' motion, was unsigned is unsupported by the record.

Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: January 2, 2007