Opinion
March 21, 1995
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
The court properly granted summary judgment enforcing the unambiguous contract (see, W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157, 162). Defendant's conclusory assertions that plaintiff violated the covenant of good faith and fair dealing and purposely caused delays resulting in defendant's failure to complete the subdivision of the property by the contract date were devoid of evidentiary facts and thus insufficient to defeat summary judgment (see, Smith v. Johnson Prods. Co., 95 A.D.2d 675, 676).
Concur — Murphy, P.J., Sullivan, Ellerin, Williams and Mazzarelli, JJ.