[*1]
Barrett v Khoury
2007 NY Slip Op 50077(U) [14 Misc 3d 132(A)]
Decided on January 18, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570590/06.

Patrick Barrett, Plaintiff-Respondent,

against

Wa'el Khoury, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered July 17, 2006, which denied his motion for summary judgment dismissing the complaint.


PER CURIAM:

Order (Geoffrey D. Wright, J.), entered July 17, 2006, affirmed, with $10 costs.

Summary judgment dismissal was properly denied since defendant's submissions in support of his motion were inadequate to conclusively establish that plaintiff is barred from bringing this breach of contract action under the doctrine against claim splitting. We also note defendant's failure to append the pleadings to his motion papers as
required by CPLR 3212(b).

This constitutes the decision and order of the court.
Decision Date: January 18, 2007