The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 26, 27, 28, 29, 30, 31 were read on this motion to/for JUDGMENT — SUMMARY IN LIEU OF COMPLAINT. DECISION ORDER ON MOTION In motion sequence number 001, plaintiff Bank of Hope (Bank) moves, pursuant to CPLR 3213, for summary judgment in lieu of complaint against defendants Livingston Electrical Associates, Inc. (Borrower) and Daniel Livingston (Guarantor). On July 10, 2019, the Bank and Borrower entered into a loan transaction whereby the Bank agreed to extend the Borrower a $7.5 million line of credit. (NYSCEF 4, Promissory Note.) Upon Borrower’s execution of the Promissory Note (Note), the Bank and Borrower executed a Commercial Security Agreement (Security Agreement) and Business Loan Agreement (Loan Agreement). (NYSCEF 5, Security Agreement; NYSCEF 7, Loan Agreement.) Guarantor executed a Commercial Guaranty unconditionally guaranteeing full and timely payments on the Note. (NYSCEF 9, Guaranty.) There were several modifications of the Note — August 27, 2020, December 31, 2020, March 30, 2021, June 30, 2021, December 31, 2021, March 31, 2022, and June 30, 2022. (NYSCEF 11, 12, 14-18, Change in Term Agreements [CITA].) The final CITA, executed on June 30, 2022, extended the date that outstanding principal was due to August 10, 2022, changed the Note’s interest rate to “”Wall Street Journal Prime Rate + 5.00 percent,” and required Borrower to paydown the amount owed to $900,000 and pay off the loan by the maturity date. (NYSCEF 18, June 2022 CITA.) On October 31, 2022, the Bank sent Borrower a Notice of Default and Demand for Payment, demanding that “on or before November 10, 2022 (the ‘Due Date’), Borrower (1) pay off the Loan by paying the entire Indebtedness to Bank (the ‘Payoff’) or (2) submit to Bank a written proposal and supporting financial documents, acceptable to Bank in its absolute and sole discretion, to pay Bank (a) $900,000.00 by November 30, 2022 and (b) the remaining amount of the Indebtedness by December 31, 2022, including, without limitation, default interest accruing from August 10, 2022, and attorneys’ fees and disbursements (the ‘Mitigation Proposal’) (together, the ‘Demands’).” (NYSCEF 19, Demand Letter at 3-41.) The approximate Indebtedness to the Bank as of that date was $2,981,346.96 (principal plus interest). (Id. at 4.) The Borrower did not cure its default. Thus, in December 2022, the Bank filed this action. “The prototypical example of an instrument within the ambit of [CPLR 3213] is of course a negotiable instrument for the payment of money — an unconditional promise to pay a sum certain, signed by the maker and due on demand or at a definite time. CPLR 3213 is generally used to enforce some variety of commercial paper in which the party to be charged has formally and explicitly acknowledged an indebtedness, so that a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms.” (PDL Biopharma, Inc. v. Wohlstadter, 147 AD3d 494, 494 [1st Dept 2017] [internal quotation marks and citations omitted].) The Bank has satisfied its burden on this motion submitting the Note, an instrument for the payment of money promising to pay a sum certain, signed and due, the Guaranty, and the Bank’s record of money loaned and repaid, as well as the affidavit of its First Vice President and Special Assets Department Team Leader averring that defendants are in default and have failed to cure this default. (NYSCEF 4, Promissory Note; NYSCEF 9, Guaranty, NYSCEF 3, Jang aff
