| Maltezos v Argo Packaging & Shipping Co. |
| 2008 NY Slip Op 50300(U) [18 Misc 3d 138(A)] |
| Decided on February 20, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Geoffrey D. Wright, J.), entered March 5, 2007, which, at the close of plaintiff's case,
granted defendant's motion for a directed verdict dismissing the complaint.
Per Curiam.
Order (Geoffrey D. Wright, J.), entered March 5, 2007, affirmed, with $10 costs.
Even affording plaintiff every favorable inference which reasonably could be drawn from the evidence adduced at trial (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]), we agree that plaintiff failed to establish the existence of a binding contractual agreement between the parties. In light of plaintiff's failure of proof, there was no rational process by which a trier of fact could have found for plaintiff on his claim for breach of contract. Thus, defendant's motion to dismiss the complaint at the close of plaintiff's case was properly granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2008