Baumann v. Sedgwick Claims Management Services, Inc.

Appellate Division of the Supreme Court of New York

Baumann v. Sedgwick Claims Management Services, Inc.

35 A.D.3d 642, 824 N.Y.S.2d 923

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 19, 2006

StatusPublished

Cited by1 cases

This text of 35 A.D.3d 642 (Baumann v. Sedgwick Claims Management Services, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baumann v. Sedgwick Claims Management Services, Inc., 35 A.D.3d 642, 824 N.Y.S.2d 923 (N.Y. Ct. App. 2006).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 9, 2005, as granted that branch of the defendants’ motion which was for summary judgment dismissing the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiffs [643]*643failed either to tender consideration or to commit to writing the parties’ oral modification of their existing service contract (see General Obligations Law § 5-1103). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the defendants’ motion which was for summary judgment dismissing the first cause of action (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Krausman, J.P., Rivera, Spolzino and Lifson, JJ., concur. [See 10 Misc 3d 1063(A), 2005 NY Slip Op 52105(11) (2005).]

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In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 9, 2005, as granted that branch of the defendants’ motion which was for summary judgment dismissing the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiffs [643]*643failed either to tender consideration or to commit to writing the parties’ oral modification of their existing service contract (see General Obligations Law § 5-1103). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the defendants’ motion which was for summary judgment dismissing the first cause of action (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Krausman, J.P., Rivera, Spolzino and Lifson, JJ., concur. [See 10 Misc 3d 1063(A), 2005 NY Slip Op 52105(11) (2005).]

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Bluebook (online)

35 A.D.3d 642, 824 N.Y.S.2d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumann-v-sedgwick-claims-management-services-inc-nyappdiv-2006.

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