neutral
Cited (no substantive treatment)
0.7 score
Retrieving the full opinion text from the archive…
Neal Flomenbaum, Appellant,
v.
New York University, Respondent
v.
New York University, Respondent
167 SSM 21.
New York Court of Appeals.
Jun 3, 2010.
APPEARANCES OF COUNSEL, Foley & Lardner LLP, New York City (Barry G. Felder of counsel), for appellant., Nancy Kilson, New York City, for respondent.
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur.
Cited by 4 opinions | Published
OPINION OF THE COURT
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]). Plaintiffs remaining contentions lack merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.