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STAR CITY SPORTSWEAR, INC., Appellant, v. YASUDA FIRE MARINE INSURANCE COMPANY OF AMERICA, Respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division majority that the contract's warranty clause clearly requires that each escort contain a minimum of two guards. Plaintiff's proof was insufficient to raise a triable issue of fact as to whether it fulfilled that requirement ( see CPLR 3212 [b]; Zuckerman v. City of New York, 49 NY2d 557, 562-563). Defendant, on the other hand, offered sufficient proof establishing plaintiff's material breach of the warranty clause as a matter of law. Accordingly, defendant's motion for summary judgment was properly granted.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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STAR CITY SPORTSWEAR v. YASUDA FIRE MARINE INS. CO
(May 13, 2004)