Sokolowski v Fairbanks Capital Corp. (2005 NY Slip Op 08044)

Sokolowski v Fairbanks Capital Corp.

2005 NY Slip Op 08044 [23 AD3d 178]

November 1, 2005

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 18, 2006

Theresa Sokolowski, as Temporary Administratrix of the Estate of Frank Sokolowski, Deceased, et al., Appellants,
v
Fairbanks Capital Corp., Respondent.

—[*1]Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered November 15, 2004, which, upon the prior grant of defendant's motion for summary judgment, dismissed the complaint, unanimously affirmed, with costs.

Inasmuch as the governing contract specifically excludes the very representations that plaintiffs claim defendant breached, no triable issue is presented (see Champion Mtge. Co. v Elmore, 5 AD3d 140 [2004]). Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and McGuire, JJ.