Issue The defendants of the case moved according to the CPLR 2221 (d) in the challenge of the branch to their initial "motion of summary judgment against the fifth cause of action (claim on breach of contract)." The argument is denied in the decision and court order, dated March 8th, 2012 (JUSTIA US Law, 2013). Upon the submission of the new case argument, there was a dismissal of the fifth cause of action. The explanations that followed the discussion were outlined in the court case. The court gave an order for reargument, and upon the acceptance, there was a breach of the defendant's motion pursuing the discharge of the fifth origin of action for fissure of contract