Eshaghian v. Roshanzamir

Appellate Division of the Supreme Court of New York

Eshaghian v. Roshanzamir

127 A.D.3d 448, 4 N.Y.S.3d 521

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 2015

Docket14768 652577/12

StatusPublished

Cited by1 cases

This text of 127 A.D.3d 448 (Eshaghian v. Roshanzamir) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eshaghian v. Roshanzamir, 127 A.D.3d 448, 4 N.Y.S.3d 521 (N.Y. Ct. App. 2015).

Pincite

Opinion

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered November 22, 2013, which granted plaintiffs’ motion to renew defendant’s motion to dismiss the complaint, and, upon renewal, denied defendant’s motion, unanimously affirmed, without costs.

The agreement of sale and purchase between defendant LLC and nonparty 587 Fifth JV, LLC, constitutes a new fact within the meaning of CPLR 2221 (e) (2). Defendant’s claim that plaintiff knew of or approved the contract is without support in the record, which shows that plaintiff learned of the contract only when 587 Fifth commenced an action to enforce it, and received the full contract only when the contract was produced in connection with that action.

The court correctly found that the terms of the contract would change its prior determination (see id.).

We have considered defendant’s remaining contentions and find them unavailing.

Concur — Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.

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