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ESHAGHIAN v. ROSHANZAMIR

14768 652577/12

127 A.D.3d 448 (2015)

4 N.Y.S.3d 521

2015 NY Slip Op 03032

ELYASS ESHAGHIAN et al., Respondents, v. ASHER ROSHANZAMIR, Appellant.

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

Decided April 9, 2015.

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). Defendants...

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