Opinion
3011, 3011A.
Decided March 2, 2004.
Orders, Supreme Court, New York County (Charles Ramos, J.), entered January 6, 2003 and August 12, 2003, respectively, which, to the extent appealable, inter alia, granted defendant's motions for summary judgment, declaring that defendant's termination of the subject contracts with plaintiff was valid and otherwise dismissing the complaint, and denied plaintiff's motion for renewal, unanimously affirmed, without costs.
Gregory P. Joseph, for Plaintiff-Appellant.
William J. Hibsher, for Defendant-Respondent.
Before: Buckley, P.J., Mazzarelli, Saxe, Ellerin, Marlow, JJ.
The motion court properly concluded that the intention of the parties was fully determinable from the language of the subject agreements ( see Kass v. Kass, 91 N.Y.2d 554, 566; Elletson v. Bonded Insulation Co., 272 A.D.2d 825, 827) and that defendant's termination of those agreements was accomplished in accordance with the agreements' unambiguous terms.
Plaintiff's motion for renewal was properly denied inasmuch as the purportedly new facts upon which it was premised would not have warranted a change in the prior determination ( see CPLR 2221[e][2]).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.