Jacoby & Meyers, LLP v. Flomenhaft

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered March 14, 2014, which denied defendants’ motion for partial summary judgment dismissing the breach of contract claim in plaintiffs’ third amended complaint, unanimously affirmed, without costs.

As Supreme Court found and the parties do not dispute, the arguments defendants raised in support of their motion were raised in a prior summary judgment motion and were rejected by the prior motion court and the Second Department (see Jacoby & Meyers, LLP v Flomenhaft, 94 AD3d 948 [2d Dept 2012]). * On December 21, 2010, the case was…