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ROBERT L. GUARINO, PH.D., plf-app, v. SHEBITZ, BERMAN COHEN & DELFORTE, PC., def-res

16-420. ROBERT L. GUARINO, PH.D., plf-app, v. SHEBITZ, BERMAN COHEN & DELFORTE, PC., def-res — Order (Nancy M. Bannon, J.), entered November 25, 2013, modified to deny that portion of defendant's motion for summary judgment on the counterclaim and to grant plaintiff summary judgment dismissing the counterclaim; as modified, order affirmed, without costs.

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16-420. ROBERT L. GUARINO, PH.D., plf-app, v. SHEBITZ, BERMAN COHEN & DELFORTE, PC., def-res — Order (Nancy M. Bannon, J.), entered November 25, 2013, modified to deny that portion of defendant’s motion for summary judgment on the counterclaim and to grant plaintiff summary judgment dismissing the counterclaim; as modified, order affirmed, without costs.

This breach of contract action, seeking to hold defendant law firm liable for services rendered by plaintiff, was properly dismissed on defendant’s motion for summary judgment. The evidentiary submissions made by defendant established, prima facie, that defendant was acting as an agent for a disclosed principal, nonparty Academy at Ivy Ridge ["AIR"], and that defendant did not intend to be personally bound for the educational consulting services rendered by plaintiff to AIR (see Pascual v. Rustic Woods Homeowners Assn., Inc., 134 AD3d 1003, 1005-1006 [2015], lv dismissed in part and denied in part 27 NY3d 1189 [2016]). In opposition, plaintiff failed to raise any triable issue of fact.

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