The IAS court properly granted plaintiff leave to amend its complaint to include two new causes of action for loss of future profits based on a theory of repudiation, despite plaintiff's failure to serve notice of contract renewal in compliance with General Obligations Law § 5-903. The party opposing the motion to amend must overcome a heavy presumption of validity in favor of the moving party (Daniels v Empire-Orr, Inc.,
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OTIS ELEVATOR CO. v. 1166 AVE. OF THE AMERICAS CONDO.
166 A.D.2d 307 (1990)
Otis Elevator Company, Respondent, v. 1166 Avenue of the Americas Condominium, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 18, 1990
October 18, 1990
Appellate Division of the Supreme Court of the State of New York, First Department.
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