Schwartz v Morse Bus. Machs. Corp.
2008 NY Slip Op 02824 [49 AD3d 857]
March 25, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Bruce Schwartz, Respondent,
v
Morse Business Machines Corporation et al., Appellants.

—[*1] Miranda Sokoloff Sambursky Slone Verveniotis, LLP, Elmsford, N.Y. (Richard S. Sklarkin of counsel), for appellants.

Ira E. Berliner, Port Chester, N.Y., for respondent. In an action, inter alia, to recover damages for breach of an employment contract, the defendants appeal from an order of the Supreme Court, Putnam County (O'Rourke, J.), dated October 20, 2006, which denied their motion, among other things, for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants failed to establish their entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, that branch of their motion which was for summary judgment dismissing the complaint was properly denied (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).

The defendants' remaining contention is without merit. Mastro, J.P., Dickerson, Belen and Chambers, JJ., concur.