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DELUCCA v. HAYFIN CAPITAL HOLDINGS LTD.

Index No. 652210/20. Appeal No. 15349. Case No. 2021-02036.

202 A.D.3d 591 (2022)

163 N.Y.S.3d 524

2022 NY Slip Op 01119

Joyce Delucca, Appellant, v. Hayfin Capital Holdings Limited et al., Respondents.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Kaiser Saurborn & Mair, P.C., New York ( David N. Mair of counsel), for appellant.

DLA Piper LLP (US), New York ( Scott R. Wilson of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

This Court can consider plaintiff's arguments raised for the first time on appeal, because they raise questions of law that can be resolved on the face of the existing record (Chateau D' If Corp. v City of New York, 219 A.D.2d 205, 209 [1st Dept 1996], lv denied 88 N.Y.2d 811 [1996]).

Plaintiff, who was a party to the contracts at issue in her individual capacity, and the person to whom the subject earn out payments...

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