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FLOMENBAUM v. NEW YORK UNIVERSITY

No. 167 SSM 21.

14 N.Y.3d 901 (2010)

929 N.E.2d 403

903 N.Y.S.2d 339

NEAL FLOMENBAUM, Appellant, v. NEW YORK UNIVERSITY, Respondent.

Court of Appeals of New York.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Foley & Lardner LLP, New York City ( Barry G. Felder of counsel), for appellant.

Nancy Kilson , New York City, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. Plaintiff failed to present sufficient evidence to raise a triable issue of fact regarding whether defendant New York University breached the parties' underlying contract (Zuckerman v City of New York, 49 N.Y.2d 557, 560 [1980]). Plaintiff's remaining contentions lack merit.

On review of submissions pursuant...

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