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GRINNELL v. ULTIMATE REALTY, LLC

38 A.D.3d 600 (2007)

832 N.Y.S.2d 244

SIMPLEX GRINNELL, Appellant, v. ULTIMATE REALTY, LLC, Respondent.

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

Decided March 13, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established prima facie its entitlement to judgment as a matter of law as to the breach of contract cause of action. It demonstrated that there was no evidence that the plaintiff had a contractual relationship with the defendant (see M. Paladino, Inc. v Lucchese & Son Contr. Corp., 247 A.D.2d 515, 516 [1998]; Lambos & Giardino...

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