Harris v Ramkissoon

[*1] Harris v Ramkissoon 2014 NY Slip Op 51663(U) Decided on November 6, 2014 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-959 Q C

Joshua Harris Doing Business as JOSHUA'S REALTY, Appellant, -

against

Drupattie Ramkissoon, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered April 5, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, without costs.

In this action to recover the sum of $25,000, which plaintiff alleges is the amount defendant owes him as a real estate commission for property she purchased, plaintiff appeals from an order of the Civil Court entered April 5, 2013, which granted defendant's motion for summary judgment dismissing the complaint.

Plaintiff raises no issue on appeal regarding the Civil Court's determination that defendant had established her prima facie entitlement to summary judgment. Rather, plaintiff argues that he raised a triable issue of fact. However, in opposition to the motion, plaintiff submitted only an unsworn letter which is of no probative value (see Washington v Mendoza, 57 AD3d 972 [2008]). Moreover, even were the letter to be considered, plaintiff failed to establish the existence of a triable issue of fact, since he did not show that defendant was obligated to pay him a real estate commission. Consequently, the Civil Court properly granted defendant's motion for summary judgment dismissing the complaint.

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Elliot, JJ., concur.

Decision Date: November 06, 2014