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Igwebuike v Flash Sec. Servs., Inc.
2016 NY Slip Op 50142(U) [50 Misc 3d 138(A)]
Decided on February 5, 2016
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 5, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2014-2486 Q C

Stephen C. Igwebuike, Appellant,

against

Flash Security Services, Inc. and JESUROBO ADEGHE, Respondents.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph J. Esposito, J.), entered October 1, 2014. The judgment, upon the granting, at a nonjury trial, of defendants' motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

In this action, plaintiff seeks to recover $7,064 for work he alleges he performed, pursuant to a contract, for defendant Flash Security Services, Inc. and its president, defendant Jesurobo Adeghe, but for which he was not paid. Specifically, plaintiff alleges that he entered into a written contract with defendants to obtain security contracts for defendants and was entitled to commissions as a result. At a nonjury trial, after both parties had rested, the Civil Court granted defendants' CPLR 4401 motion and dismissed the complaint.

A motion for a directed verdict pursuant to CPLR 4401 should be granted where there is no rational process by which the factfinder could base a finding in favor of the nonmoving party (see Szczerbiak v Pilat, 90 NY2d 553 [1997]). Here, plaintiff failed to proffer evidence establishing a prima facie case of breach of contract. While plaintiff insisted that there was a written contract between him and defendants, he failed to produce such a contract and, in any event, failed to establish a sufficient basis for the calculation of damages. Consequently, the Civil Court, in affording plaintiff every inference that may be properly drawn from the evidence presented and viewing the evidence in the light most favorable to plaintiff, properly granted defendants' motion pursuant to CPLR 4401 (see id.).

Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Aliotta, JJ., concur.


Decision Date: February 05, 2016