Opinion
July 6, 1998
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The parties' agreement was duly terminated by written notice which the plaintiff acknowledged. Pursuant to the terms of their agreement, the commissions due the plaintiff were limited to only the orders it sold as they were shipped. The plaintiffs unsupported assertions to the contrary did not raise a material issue of fact in this regard and thus were insufficient to defeat the defendants' motion for partial summary judgment ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Greenman Constr. Corp. v. Incorporated Vil. of Northport, 209 A.D.2d 565).
The plaintiff's remaining contention is unpreserved for appellate review, and in any event, without merit ( see, Croce v. Marisi, 234 A.D.2d 333).
Pizzuto, J. P., Santucci, Altman and Luciano, JJ., concur.