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VITALE v. DANIEL P. BUTTAFUOCO AND ASSOCIATES

294 A.D.2d 428 (2002)

741 N.Y.S.2d 919

HELEN VITALE, Respondent, v. DANIEL P. BUTTAFUOCO AND ASSOCIATES, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff established her entitlement to judgment as a matter of law on her cause of action to recover damages for breach of contract. The defendant's opposition failed to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320). In this regard, we agree with the Supreme Court's conclusion that the defendant, which represented the plaintiff in...

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