Reese v Teachers Coll.

[*1] Reese v Teachers Coll. 2010 NY Slip Op 50943(U) [27 Misc 3d 140(A)] Decided on May 26, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 26, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570203/10.

Carlton Reese d/b/a/ Furniture Medic, Plaintiff-Appellant,

against

Teachers College, Columbia University, Defendant-Respondent.

Plaintiff appeals, as limited by his brief, from that portion of an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated December 21, 2009, which granted defendant's motion for summary judgment dismissing plaintiff's cause of action for breach of contract.

Per Curiam

Order (Peter H. Moulton, J.), dated December 21, 2009, insofar as appealed from, affirmed, without costs.

In opposition to defendant's prima facie showing of entitlement to judgment as a matter of law on the ground that no enforceable contract existed between the parties, plaintiff failed to raise a triable issue. Notably, the e-mails exchanged between the parties demonstrate that the parties never mutually assented to the material terms of an enforceable agreement. Therefore, as Civil Court correctly concluded, defendant was entitled to summary judgment dismissing the breach of contract cause of action (see generally Matter of Express Indus. and Term. Corp. v New York State Dept. of Transp., 93 NY2d 584 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: May 26, 2010