Melnitzky v. Uribe

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered April 8, 2004, which, to the extent appealed from, granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion for additional discovery, unanimously affirmed, without costs.

Plaintiffs claims for breach of contract, fraud and deceptive conduct, stemming from an exclusive agreement to provide conservation and restoration services to the Latin American painting department, were previously dismissed on the merits (Melnitzky v Sotheby Parke Bernet, 300 AD2d 201 [2002], lv denied 100 NY2d 510…