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ASKL ENTERPRISES, INC. v. NYNEX LONG DISTANCE COMPANY

7 A.D.3d 424 (2004)

777 N.Y.S.2d 430

ASKL ENTERPRISES, INC., Appellant, v. NYNEX LONG DISTANCE COMPANY, Doing Business as VERIZON ENTERPRISE SOLUTIONS, Respondent. 467 PRONTO, INC., Appellant, v. NYNEX LONG DISTANCE COMPANY, Doing Business as VERIZON ENTERPRISE SOLUTIONS, Respondent.

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

May 20, 2004.

Plaintiffs' allegations of performance — an essential element of their claims for breach of contract (Grant Entertainment v Lee, 186 A.D.2d 66 [1992]) — were contradicted beyond substantial question by the affidavits and evidentiary matter submitted, thus negating any viable cause of action as a matter of law (see Biondi v Beekman Hill House Apt. Corp., 94 N.Y.2d 659 [2000...

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