Moore v. True North Communications

Order, Supreme Court, New York County (Richard Braun, J.), entered January 13, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that defendant demonstrated its entitlement to summary judgment as a matter of law and that plaintiff failed to show the existence of material issues of fact to warrant a trial (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Plaintiffs “surmise, conjecture or suspicion” (Shaw v Time-Life Records, 38 NY2d 201, 207 [1975]) that the reason for his failure to obtain…