Opinion
2001-02872
Submitted January 8, 2002.
February 6, 2002.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered March 2, 2001, which denied its motion for summary judgment.
Kevin A. Stevens, Suffern, N.Y., for appellant.
Schulman Kissel, P.C., Suffern, N.Y. (Julian Alan Schulman of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, A. GAIL PRUDENTI, JJ.
ORDERED that the order is affirmed, with costs.
In support of its motion for summary judgment, the plaintiff failed to demonstrate its prima facie entitlement to judgment as a matter of law (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557). There are questions of fact, among others, whether the plaintiff is obligated to pay for the defendants' direct costs as defined by the parties' agreement and, if so, in what amount. Thus, the motion was properly denied (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851).
SANTUCCI, J.P., S. MILLER, FRIEDMANN and PRUDENTI, JJ., concur.