Neal Flomenbaum v. New York University
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 167 SSM 21 Neal Flomenbaum, Appellant, v. New York University, Respondent. Submitted by Barry G. Felder, for appellant. Submitted by Nancy A. Kilson, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed with costs. Plaintiff failed to present sufficient evidence to raise a triable issue of fact regarding whether defendant New York University breached the parties' underlying contract (Zuckerman v City of New York, 49 NY2d 557, 560 [1980]). Plaintiff's remaining contentions lack merit. - 1 - - 2 * * * * * * * * * SSM No. 21 * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided June 3, 2010 - 2 -
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