98 A.D.3d 1017 950 N.Y.S.2d 587

Jerrold Rosen et al., Respondents, v Charles Sweed, Appellant.

[950 NYS2d 587]

*1018In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated November 17, 2010, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant failed to establish his prima facie entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly denied his motion for summary judgment dismissing the complaint, regardless of the sufficiency of the plaintiffs’ opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).

The plaintiffs’ remaining contention is without merit. Dillon, J.P., Angiolillo, Florio and Cohen, JJ., concur.

Rosen v. Sweed
98 A.D.3d 1017 950 N.Y.S.2d 587

Case Details

Name
Rosen v. Sweed
Decision Date
Sep 19, 2012
Citations

98 A.D.3d 1017

950 N.Y.S.2d 587

Jurisdiction
New York

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