LaJaunie v. DaGrossa

Judgment, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered December 19, 1988, which dismissed the complaint, unanimously affirmed, without costs. Appeal from the order of said court entered on or about December 9, 1988, which granted defendants’ motion for summary judgment, unanimously dismissed as subsumed within the appeal from the judgment, without costs.

In his complaint, bill of particulars, deposition and affidavit *350in opposition to this motion, plaintiff asserted that the parties had agreed at some point between February and August 1985 that in return for his…