| Sunbelt Rentals, Inc. v New York Renaissance |
| 2015 NY Slip Op 01977 [126 AD3d 481] |
| March 12, 2015 |
| Appellate Division, First Department |
[*1]
| Sunbelt Rentals, Inc., Appellant, v New YorkRenaissance et al., Respondents, et al., Defendants. |
Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale (JosephP. Asselta of counsel), for appellant.
Adelman Matz P.C., New York (Sarah M. Matz of counsel), for New YorkRenaissance and Dan Pirvulescu, respondents.
Carl D. Simoni, New York, for Joshua Dolan, respondent.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December19, 2013, which denied plaintiff's motion for summary judgment on its claims for breachof contract, quantum meruit, and account stated against defendant New YorkRenaissance (NYR), and on its claims to enforce personal guaranties against defendantsJoshua Dolan and Dan Pirvulescu, unanimously affirmed, without costs.
Plaintiff alleges that NYR breached a contract for rental of equipment and services,and failed to pay invoices addressed to it in the total amount of $36,148.78. DefendantNYR denies that it was a party to any agreement with plaintiff, and asserts that a relatedcompany, now in bankruptcy, rented the equipment.
Plaintiff failed to make a prima facie showing of a binding agreement with NYR(Allied Sheet Metal Works v Kerby Saunders, Inc., 206 AD2d 166, 169 [1st Dept1994]; see also Harris v SewardPark Hous. Corp., 79 AD3d 425, 426 [1st Dept 2010]). The documentssubmitted by plaintiff do not show an agreement with NYR, nor does plaintiff allege anydefinite terms of an agreement (see Allied Sheet Metal Works, 206 AD2d at169-170).
Plaintiff failed to sufficiently address on appeal its claims for quantum meruit andaccount stated, and we decline to consider those claims.
The court correctly denied summary judgment on plaintiff's personal guaranty claimsagainst Dolan and Pirvulescu, as plaintiff failed to show that any underlying debt isactually owed by NYR (seeDavimos v Halle, 35 AD3d 270, 272 [1st Dept 2006]).Concur—Gonzalez, P.J., Tom, Richter, Manzanet-Daniels and Kapnick, JJ.[Prior Case History: 2013 NY Slip Op 33213(U).]