| Bladykas v County of Nassau |
| 2008 NY Slip Op 00211 [47 AD3d 652] |
| January 15, 2008 |
| Appellate Division, Second Department |
| Alexander Bladykas, Respondent, v County of Nassau,Appellant. |
—[*1] Thomas F. Liotti, Garden City, N.Y. (Lucia Maria Ciaravino of counsel), forrespondent.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, aslimited by its brief, from so much of an order of the Supreme Court, Nassau County (Martin, J.),entered April 6, 2007, as denied that branch of its motion which was for summary judgmentdismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant failed to make a prima facie showing of entitlement to judgment as a matter oflaw since it did not tender sufficient evidence to demonstrate the absence of any material issuesof fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Winegrad v New YorkUniv. Med. Ctr., 64 NY2d 851 [1985]). Accordingly, the Supreme Court properly deniedthat branch of the defendant's motion which was for summary judgment dismissing the complaint(see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).
In reaching our determination herein, we have not considered evidence which is dehors therecord with respect to the order appealed from (see Juarbe v City of New York, 303AD2d 462 [2003]; Matter of Hogg v Cianciulli, 247 AD2d 474, 475 [1998]; Gintell vColeman, 136 AD2d 515, 516-517 [1988]; see also Krzyanowski v Eveready Ins. Co., 28 AD3d 613 [2006]).[*2]
The defendant's remaining contentions are without merit.Rivera, J.P., Spolzino, Carni and McCarthy, JJ., concur.