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ESTATES AT MOUNTAINVIEW, LTD. v. NAKAZAWA

38 A.D.3d 828 (2007)

833 N.Y.S.2d 550

ESTATES AT MOUNTAINVIEW, LTD., Respondent, v. HIROSHI NAKAZAWA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 27, 2007.

Ordered that the order is affirmed, with costs.

In opposition to the plaintiff's prima facie showing of entitlement to judgment as a matter of law on the issue of liability on its causes of action to recover damages for breach of contract, the defendant failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). The defendant did not raise an issue of fact as to his defense of impossibility...

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