PRODUCTION RESOURCE GROUP L.L.C., plf-ap, v. WILLIAM ZANKER, def-res, THE LEARNING ANNEX def

11272. PRODUCTION RESOURCE GROUP L.L.C., plf-ap, v. WILLIAM ZANKER, def-res, THE LEARNING ANNEX def — The Marantz Law Firm, Rye (Neil G. Marantz of counsel), for ap — Cohen & Coleman, LLP, New York (John A. Coleman, Jr. of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 14, 2012, which, to the extent appealed from, upon reargument, adhered to the original determination granting defendant William Zanker’s motion for summary judgment dismissing the complaint as against him, and vacated the original determination granting plaintiff’s motion for summary judgment against defendant LA Expo, LLC, unanimously modified, on the law, to reinstate the grant of summary judgment against LA Expo, LLC, and otherwise affirmed, without costs.

For approximately one and a half years, starting in the fall of 2006, plaintiff or its predecessor sent proposals to “Learning Annex”; nonparty Mark Cummings verbally approved the proposals; plaintiff or its predecessor performed the work and sent invoices to “Learning Annex”; Cummings approved the invoices; and plaintiff or its predecessor was paid, often in the form of checks from LA Expo, LLC. In the instant action, plaintiff seeks to recover on its last few invoices, which were not paid. “Learning Annex” is not a legal entity; it is merely a trade name.