ASKL Enterprises, Inc. v. NYNEX Long Distance Co.

*425Orders, Supreme Court, New York County (Ira Gammerman, J.), entered March 3, 2003, which dismissed the complaints for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiffs’ allegations of performance—an essential element of their claims for breach of contract (Grant Entertainment v Lee, 186 AD2d 66 [1992])—were contradicted beyond substantial question by the affidavits and evidentiary matter submitted, thus negating any viable cause of action as a matter of law (see Biondi v Beekman Hill House Apt. Corp., 94 NY2d 659 [2000]). The unrefuted evidence, including…