Opinion
2075.
December 4, 2003.
Order, Supreme Court, New York County (Paula Omansky, J.), entered October 3, 2002, which, to the extent appealed from, granted the motion of defendants Sackman Enterprises, Inc., Chris Galluzo and Carter Sackman for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
John P. Gleason, for Plaintiff-Appellant.
Bruce H. Lederman, for Defendants-Respondents.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ.
The grant of summary judgment dismissing the complaint as against the Sackman defendants and Chris Galluzo was proper. Plaintiff real estate broker's only overture to those defendants respecting the subject property was by means of a "set-up" allegedly faxed to defendant Galluzo in August 1997, and the record affords no non-speculative basis to conclude that that "set-up" was in any way instrumental in bringing about the property's eventual sale.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.