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MOORE v. TRUE NORTH COMMUNICATIONS

1 A.D.3d 175 (2003)

766 N.Y.S.2d 564

BRIAN MOORE, Appellant, v. TRUE NORTH COMMUNICATIONS, Respondent.

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

November 13, 2003.

The court properly found that defendant demonstrated its entitlement to summary judgment as a matter of law and that plaintiff failed to show the existence of material issues of fact to warrant a trial (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). Plaintiff's "surmise, conjecture or suspicion" (Shaw v Time-Life Records, 38 N.Y.2d 201, 207 [1975]) that the reason for his failure...

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