| Flomenbaum v New York Univ. |
| 2010 NY Slip Op 04663 [14 NY3d 901] |
| June 3, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, July 14, 2010 |
| Neal Flomenbaum, Appellant, v New York University, Respondent. |
Decided June 3, 2010
Flomenbaum v New York Univ., 71 AD3d 80, affirmed.
APPEARANCES OF COUNSEL
Foley & Lardner LLP, New York City (Barry G. Felder of counsel), for appellant.
Nancy Kilson, New York City, for respondent.
Memorandum.
The order of the Appellate Division should be affirmed with costs. Plaintiff failed to present sufficient evidence to raise a triable issue of fact regarding whether defendant New York University breached the parties' underlying contract (Zuckerman v City of New York, 49 NY2d 557, 560 [1980]). Plaintiff's remaining contentions lack merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.