IDT Corp. v. Tyco Group, S.A.R.L.

I concur in reversing the order ap*179pealed from, and in denying the motion to dismiss the complaint, on the following grounds. In granting summary judgment dismissing the complaint in the previous action (see IDT Corp. v Tyco Group, S.A.R.L., 13 NY3d 209 [2009], affg 54 AD3d 273 [2008]), neither the Court of Appeals nor this Court held that the obligations of defendants (collectively, Tyco) under the parties’ 2000 settlement agreement had been discharged. Rather, the basis for the dismissal of the earlier action was that the post-discovery record on which those appeals were decided established…