Opinion
Argued October 23, 2001.
November 19, 2001.
In an action, inter alia, to recover damages for breach of contract, the defendants John Grosso and Jay S. Youngerman appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Di Blasi, J.), entered July 18, 2000, as granted the plaintiff's motion for summary judgment.
Steinberg Fineo Berger and Barone, P.C., Garden City, N Y (Michael G. Barone of counsel), for appellants.
Kane Kessler, P.C., New York, N.Y. (S. Reid Kahn of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting proof of the existence of the underlying agreements and the failure to make payment in accordance with their terms (see, E.D.S. Sec. Sys. v. Allyn, 262 A.D.2d 351; Capital Circulation Corp. v. Gallop Leasing Corp., 248 A.D.2d 578). In opposition, the appellants failed to raise a triable issue of fact (see, Columbus Trust Co. v. Campolo, 110 A.D.2d 616, affd 66 N.Y.2d 701). The appellants failed to demonstrate, inter alia, that a false statement of fact was made by the plaintiff or that the plaintiff fraudulently concealed information that it was required to disclose.
ALTMAN, J.P., H. MILLER, FEUERSTEIN and COZIER, JJ., concur.