2470 Cadillac Resources, Inc. v. DHL Express (USA), Inc.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 28, 2013, which, insofar as appealed from, granted defendant DHL Express (USA), Inc.’s motion for summary judgment dismissing the tenth and eleventh causes of action as against it, unanimously affirmed, without costs.

The tenth cause of action is duplicative of the previously dismissed breach of contract claim (see 84 AD3d 697, 698 [1st Dept 2011], lv dismissed 18 NY3d 921 [2012]). Plaintiffs essentially seek to enforce against DHL the terms of the reseller agreement between DHL and nonparty Worldwide Express…