Plaintiff's breach of contract claim was properly dismissed. The record shows that defendant's obligation under the parties' contract was simply to apply for certain consents, not to obtain them, and there was no triable issue of fact as to defendant's application for the consents. Plaintiff's claimed need for additional discovery was based solely on conjecture and speculation, and is thus insufficient (see A.H.A. Gen. Constr. v New York City Hous. Auth.,
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2520 JEROME AVE., LLC v. CORPORATION OF THE RECTOR
11772. 27270/18E.
185 A.D.3d 439 (2020)
125 N.Y.S.3d 688
2020 NY Slip Op 03844
2520 Jerome Avenue, LLC, Appellant, v. The Corporation of the Rector, Churchwardens and Vestrymen of Saint James Episcopal, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided July 9, 2020.
Decided July 9, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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