| Tudor Ins. Co. v Unithree Inv. Corp. |
| 2016 NY Slip Op 02352 [137 AD3d 1259] |
| March 30, 2016 |
| Appellate Division, Second Department |
[*1]
| Tudor Insurance Company,Respondent, v Unithree Investment Corporation,Appellant. |
Robert Prignoli, Staten Island, NY, for appellant.
Raven & Kolbe, LLP, New York, NY (Michael T. Gleason of counsel), forrespondent.
In an action to recover damages for breach of contract, the defendant appeals from anorder of the Supreme Court, Richmond County (Fusco, J.), dated December 17, 2013,which granted the plaintiff's motion for summary judgment on the complaint and deniedits cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The essential elements of a cause of action to recover damages for breach of contractare the existence of a contract, the plaintiff's performance pursuant to the contract, thedefendant's breach of its contractual obligations, and damages resulting from the breach(see Legum v Russo, 133AD3d 638, 639 [2015]). In support of its motion for summary judgment, theplaintiff established its prima facie entitlement to judgment as a matter of law (seeAlvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition, the defendantfailed to raise a triable issue of fact (see Zuckerman v City of New York, 49NY2d 557, 562 [1980]). Accordingly, the Supreme Court properly granted the plaintiff'smotion for summary judgment on the complaint and denied the defendant's cross motionfor summary judgment dismissing the complaint. Hall, J.P., Austin, Sgroi and LaSalle,JJ., concur.