Opinion
Submitted March 17, 2000.
May 17, 2000.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 3, 1999, which granted the defendants' cross motion for summary judgment dismissing the complaint and denied as academic his motion to compel discovery.
Ronald J. Cohen Associates, LLP, Goshen, N.Y. (Avraham Z. Schwartz of counsel), for appellant.
Zeichner Ellman Krause, LLP, New York, N.Y. (Barry J. Glickman and Carey D. Schreiber of counsel), for respondents.
Before: THOMAS R. SULLIVAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants submitted sufficient evidence in support of their cross motion to demonstrate their entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The plaintiff's opposition was insufficient because he offered only speculation and mere hope that evidence would be uncovered during discovery which would support his claims (see, Boland v. Pinks, ___ A.D.2d ___ [2d Dept., Dec. 20, 1999]; Curtis v. Lopez, ___ A.D.2d ___ [2d Dept., Nov. 1, 1999]). The plaintiff's motion to compel discovery was properly denied as academic.
SULLIVAN, J.P., FLORIO, LUCIANO and FEUERSTEIN, JJ., concur.