Opinion
570419/07.
Decided February 20, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered March 5, 2007, which, at the close of plaintiff's case, granted defendant's motion for a directed verdict dismissing the complaint.
Order (Geoffrey D. Wright, J.), entered March 5, 2007, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Even affording plaintiff every favorable inference which reasonably could be drawn from the evidence adduced at trial ( see Szczerbiak v Pilat, 90 NY2d 553, 556), we agree that plaintiff failed to establish the existence of a binding contractual agreement between the parties. In light of plaintiff's failure of proof, there was no rational process by which a trier of fact could have found for plaintiff on his claim for breach of contract. Thus, defendant's motion to dismiss the complaint at the close of plaintiff's case was properly granted.