UNIVERSAL EXPRESS, INC. v. McKINNON


37 A.D.3d 705 (2007)

828 N.Y.S.2d 906

UNIVERSAL EXPRESS, INC., Appellant, v. DAN McKINNON, Respondent.

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

Decided February 20, 2007.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment. The defendant established his entitlement to judgment as a matter of law on the cause of action to recover damages for breach of contract through the deposition testimony of the certified public accountant retained by the plaintiff and a copy of the stock option agreement between the parties (hereinafter...

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