Hanneford Circus, Inc. v. Cabar Circus Promotions, Ltd.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered December 3, 1991, which granted the plaintiff’s motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly awarded the plaintiff summary judgment. It is clear from the facts alleged that the defendant did not procure the right to present a circus at the Westchester County Center for 1990 and assign that right to the plaintiff, as…