MANHATTAN TELECOMMUNICATIONS CORPORATION v. H & A LOCKSMITH, INC.

4683, 100970/08.

82 A.D.3d 674 (2011)

920 N.Y.S.2d 74

MANHATTAN TELECOMMUNICATIONS CORPORATION, Respondent, v. H & A LOCKSMITH, INC., et al., Defendants, and ARIQ VANUNU, Appellant.

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

Decided March 31, 2011.


The verified complaint alleged a contract to perform telephone services by plaintiff for defendants for a stated fee, and defendants' failure to pay. However, the complaint does not allege that appellant was a party to the contract individually, so as to bind him to its terms. "Some proof of liability is . . . required to satisfy the court as to the prima facie validity of . . . uncontested cause of action" (Feffer v Malpeso, 210 A.D.2d 60

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