Flomenbaum v New York Univ., 14 NY3d 901 (2010)

2010 NY Slip Op 04663 [14 NY3d 901]
June 3, 2010
Court of Appeals

[*1]

Neal Flomenbaum, Appellant,
v
New York University, Respondent.

Decided June 3, 2010

Flomenbaum v New York Univ., 71 AD3d 80, affirmed.

{**14 NY3d at 902} OPINION OF THE COURT

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.