Opinion
2003-07360.
October 17, 2005.
In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 16, 2003, as denied its motion for summary judgment and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint.
Gellert Quartararo, P.C., Poughkeepsie, N.Y. (Lilliam S. Weigert and Gregory P. Vidler of counsel), for appellant.
Cappillino Rothschild, LLP, Pawling, N.Y. (Donald Cappillino of counsel), for respondents.
Before: H. Miller, J.P., Cozier, Ritter and Spolzino, JJ., concur.
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court correctly denied the plaintiff's motion for summary judgment and, upon searching the record ( see CPLR 3212 [b]), awarded summary judgment to the defendants dismissing the complaint. Contrary to the plaintiff's contention, the purported five-year renewal of the parties' commercial lease was barred by the statute of frauds ( see General Obligations Law § 5-703).
The plaintiff's remaining contentions are without merit.