Appellate Division of the Supreme Court of New York, 2012

2470 Cadillac Resources, Inc. v. DHL Express (USA), Inc.

2470 Cadillac Resources, Inc. v. DHL Express (USA), Inc.
Appellate Division of the Supreme Court of New York · Decided February 28, 2012
92 A.D.3d 618; 938 N.Y.2d 886
2470 Cadillac Resources, Inc. v. DHL Express (USA), Inc.

Opinion of the Court

The IAS Court properly determined that defendant’s counterclaims are not new evidence that would alter its prior determination (CPLR 2221 [e] [2]). Indeed, the counterclaims restate allegations that were before the court on the prior motion and do not constitute an admission, or evidence, that plaintiffs are *619third-party beneficiaries of the reseller agreement (see 2470 Cadillac Resources, Inc. v DHL Express [USA], Inc., 84 AD3d 697, 698 [2011]). Concur — Mazzarelli, J.E, Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.

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