Opinion
6969.
November 1, 2005.
Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered November 15, 2004, which, upon the prior grant of defendant's motion for summary judgment, dismissed the complaint, unanimously affirmed, with costs.
Bradley B. Davis, Highland, for appellants.
Rosicki, Rosicki Associates, P.C., Carle Place (Andrew Morganstern of counsel), for respondent.
Before: Sullivan, J.P., Ellerin, Williams, Gonzalez and McGuire, JJ., Concur.
Inasmuch as the governing contract specifically excludes the very representations that plaintiffs claim defendant breached, no triable issue is presented ( see Champion Mtge. Co. v. Elmore, 5 AD3d 140).