| Eshaghian v Roshanzamir |
| 2015 NY Slip Op 03032 [127 AD3d 448] |
| April 9, 2015 |
| Appellate Division, First Department |
[*1]
| Elyass Eshaghian et al., Respondents, v AsherRoshanzamir, Appellant. |
Wolf Haldenstein Adler Freeman & Herz LLP, New York (Herman Cahn ofcounsel), for appellant.
Wilk Auslander LLP, New York (Stuart M. Riback of counsel), for respondents.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered November22, 2013, which granted plaintiffs' motion to renew defendant's motion to dismiss thecomplaint, and, upon renewal, denied defendant's motion, unanimously affirmed, withoutcosts.
The agreement of sale and purchase between defendant LLC and nonparty 587 FifthJV, LLC, constitutes a new fact within the meaning of CPLR 2221 (e) (2). Defendant'sclaim 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 anaction to enforce it, and received the full contract only when the contract was producedin connection with that action.
The court correctly found that the terms of the contract would change its priordetermination (see id.).
We have considered defendant's remaining contentions and find them unavailing.Concur—Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.