Tutora v Siegel

Tutora v Siegel 2007 NY Slip Op 03769 [40 AD3d 227] May 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

Eugene Tutora, Appellant,
v
Irwin Siegel, Respondent, et al., Defendant.

—[*1] Howard R. Birnbach, Great Neck, for appellant.

Agins, Siegel & Reiner, LLP, New York (Richard C. Agins of counsel), for respondent. Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered June 28, 2006, which granted defendant Irwin Siegel's motion to dismiss the complaint as against him pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

Accepting the factual allegations raised in the complaint and in plaintiff's affidavit in opposition to the motion as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the court properly determined that no breach of contract claim was stated against Siegel. The pleadings failed to allege the existence of a contract between plaintiff and Siegel, who was acting on behalf of the fully disclosed corporate defendant. Concur—Andrias, J.P., Saxe, Nardelli, Williams and Catterson, JJ.