Rosen v Sweed

Rosen v Sweed 2012 NY Slip Op 06199 Decided on September 19, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ANITA R. FLORIO
JEFFREY A. COHEN, JJ.
2011-06035
(Index No. 11663/08)

[*1]Jerrold Rosen, etc., et al., respondents,

v

Charles Sweed, appellant.




Rosenwasser Law, P.C., Montgomery, N.Y. (Moriah M. Niblack
of counsel), for appellant.
Blustein, Shapiro, Rich & Barone, LLP, Goshen, N.Y.
(Raymond P. Raiche of counsel), for
respondents.


DECISION & ORDER

In 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).

The plaintiffs' remaining contention is without merit.
DILLON, J.P., ANGIOLILLO, FLORIO and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court