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2470 CADILLAC RESOURCES, INC. v. DHL EXPRESS (USA), INC.

6934, 603613/08.

92 A.D.3d 618 (2012)

938 N.Y.S.2d 886

2012 NY Slip Op 1511

2470 CADILLAC RESOURCES, INC., et al., Appellants, v. DHL EXPRESS (USA), INC., Respondent, et al., Defendant.

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

Decided February 28, 2012.

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 third-party beneficiaries of the reseller agreement (see 2470 Cadillac Resources, Inc. v DHL Express [USA], Inc., ...

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