Opinion
April 22, 1996
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, a cleaning and maintenance contractor, commenced this action to recover damages for breach of an oral contract pursuant to which the defendants allegedly agreed to pay him for services he provided at a building located at 16 School Street, Rye, New York. The plaintiff alleged, inter alia, that the defendant Katz, Wolff Caraccio agreed to pay him for cleaning services and supplies during its ownership of that building. However, it is conceded by the plaintiff that the defendant Katz, Wolff Caraccio did not own that building during the period in question, and the plaintiff has not established any other basis for the imposition of liability upon that defendant for the services provided. Accordingly, the Supreme Court properly granted the motion of the defendant Katz, Wolff Caraccio to dismiss the complaint insofar as asserted against it.
The plaintiff's remaining contention is without merit. Mangano, P.J., Ritter, Hart and McGinity, JJ., concur.