Murray v. Murray

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 16, 2004, as denied his motion for summary judgment and, upon searching the record, awarded summary judgment in favor of the defendant dismissing the complaint.

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

Contrary to the plaintiff’s contention, the Supreme Court *625properly denied his motion for summary judgment since he failed to establish his prima facie entitlement to such…