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IDX CAPITAL, LLC v. PHOENIX PARTNERS GROUP LLC

2659N, 102806/07

72 A.D.3d 576 (2010)

898 N.Y.S.2d 845

IDX CAPITAL, LLC, et al., Respondents, v. PHOENIX PARTNERS GROUP LLC, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 27, 2010.

The court's acceptance of a motion made 10 days after the deadline it had set for submission was not an abuse of discretion, and was well within its continuing jurisdiction to reconsider any prior intermediate determination it has made (see Aridas v Caserta, 41 N.Y.2d 1059, 1061 [1977]).

The court properly permitted plaintiffs to further amend the complaint in order to amplify their pleadings against defendants. To the...

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