Opinion
9789 Index 651496/17
07-02-2019
FRAT STAR MOVIE, LLC, Plaintiff–Appellant, v. Elliot TEBELE, et al., Defendants–Respondents.
Leader Berkon Colao & Silverstein LLP, New York (Joseph G. Colao of counsel), for appellant. Hinckley & Heisenberg LLP, New York (George R. Hinckley, Jr. of counsel), for respondents.
Leader Berkon Colao & Silverstein LLP, New York (Joseph G. Colao of counsel), for appellant.
Hinckley & Heisenberg LLP, New York (George R. Hinckley, Jr. of counsel), for respondents.
Richter, J.P., Tom, Gesmer, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about October 12, 2018, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Defendants demonstrated that they complied with the obligations of the parties' agreement, including the obligation to use their best efforts to provide marketing services for plaintiff's film through their social media. In opposition, plaintiff failed to raise an issue of fact as to whether defendants breached those obligations (see e.g. Ventur Group, LLC v. Finnerty, 68 A.D.3d 638, 639, 892 N.Y.S.2d 69 [1st Dept. 2009] ). The court also properly determined that, even if defendants had breached the agreement, plaintiff could not demonstrate lost profits resulting from the breach (see Kenford Co. v. County of Erie, 67 N.Y.2d 257, 261, 502 N.Y.S.2d 131, 493 N.E.2d 234 [1986] ).
We have considered plaintiff's remaining arguments and find them unavailing.