MALEKAN v. SAKAI

5279, 601166/08, 5280, 401763/09.

85 A.D.3d 451 (2011)

924 N.Y.S.2d 271

2011 NY Slip Op 4751

ELYAHO MALEKAN, Appellant, v. ISAK SAKAI et al., Respondents. SAKAI ANTIQUES, INC., et al., Respondents, v. ELYAHO MALEKAN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2011.


Supreme Court correctly determined that Sakai is the rightful owner of the antique. Plaintiff Malekan's contention that the agreement in Farsi was an agreement to forbear, akin to a covenant not to sue, lacks support in the record. Furthermore, there is no dispute that Malekan also signed a bill of sale written in English concerning the antique, and under the circumstances, Malekan is bound by what he signed (see Shklovskiy v Khan, 273 A.D.2d 371<...

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