Opinion
2002-08537
Argued October 14, 2003.
November 10, 2003.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated September 4, 2002, as granted that branch of the defendant's motion which was for summary judgment dismissing the first cause of action to recover damages for breach of contract.
Lewis Greer, P.C., Poughkeepsie, N.Y. (Daniel P. Adams and Veronica A. McMillan of counsel), for appellant.
Donoghue, Thomas, Auslander Drohan, Hopewell Junction, N.Y. (Daniel Petigrow and Felice A. Bowen of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant met its burden of demonstrating, prima facie, that the plaintiff failed to comply with the notice requirement of the parties' construction contract ( see A.H.A. Gen. Constr. v. New York City Hous. Auth., 92 N.Y.2d 20, 30-32; Three Bros. Contrs. v. New York City Hous. Auth., 269 A.D.2d 523, 534). In opposition, the plaintiff failed to submit evidence sufficient to defeat the defendant's entitlement to judgment as a matter of law and to raise a triable issue of fact ( see generally Alavarez v. Prospect Hosp., 68 N.Y.2d 320, 324).
In light of our determination, we need not reach the merits of the parties' remaining contentions.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.