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FUTIA, JR. v. SPANO

282 A.D.2d 705 (2001)

724 N.Y.S.2d 323

ANTHONY FUTIA, JR., et al., Appellants, v. ANDREW SPANO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiffs waived their right to amend their complaint pursuant to CPLR 3025 (a) when they agreed to serve and file an amended complaint by December 30, 1999. Therefore, the Supreme Court correctly disregarded the amended complaints served and filed after that date (see, Nishman v DeMarco, 76 A.D.2d 360...

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