Schnur v. Marin
Opinion of the Court
—In an action, inter alia, to recover damages for breach of an oral agreement, the plaintiff appeals from an order of the Supreme Court, Rockland County (Dillon, J.), dated April 19, 2000, which granted the defendants’ respective motions for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court properly granted the defendants’ respective motions for summary judgment. The defendants established their entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557). The burden then shifted to the plaintiff to provide evidence in admissible form to establish that a triable issue of fact existed. The plaintiff failed to meet this burden. The plaintiff and the defendants (hereinafter collectively the purported joint venturers) never agreed to the division of equity ownership in the company they purportedly sought to purchase as between
The plaintiffs remaining contentions are without merit. Ritter, J. P., McGinity, Luciano and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.