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Ruppert v. Long Island Railroad Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 466 (N.Y. App. Div. 2001)

Opinion

Submitted February 14, 2001.

March 12, 2001.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated April 28, 2000, which granted the defendants' motion for summary judgment dismissing the complaint and denied his cross motion for summary judgment on the issue of liability.

Gabor Gabor, Garden City, N.Y. (David G. Gabor of counsel), for appellant.

Tricia Troy Alden, Jamaica, N.Y. (Sharon Patterson Glenn of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, ACTING P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint insofar as it sought to recover damages for breach of contract. Before a plaintiff may secure redress for the breach of a contract, the promise made must be sufficiently certain and specific that the parties' intentions are ascertainable (see, Maffea v. Ippolito, 247 A.D.2d 366). In opposition to the defendants' motion, in which they demonstrated, prima facie, that the terms of the alleged oral agreement were not sufficiently definite to be enforceable, the plaintiff failed to raise a triable issue of fact.

The plaintiff's remaining contentions are without merit.


Summaries of

Ruppert v. Long Island Railroad Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 466 (N.Y. App. Div. 2001)
Case details for

Ruppert v. Long Island Railroad Co.

Case Details

Full title:DANIEL E. RUPPERT, APPELLANT, v. LONG ISLAND RAILROAD COMPANY, D/B/A LONG…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 12, 2001

Citations

281 A.D.2d 466 (N.Y. App. Div. 2001)
721 N.Y.S.2d 563

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