KATAN GROUP, LLC v. CPC RESOURCES

11103, 650664/12.

111 A.D.3d 521 (2013)

975 N.Y.S.2d 345

2013 NY Slip Op 7675

KATAN GROUP, LLC, Appellant, v. CPC RESOURCES et al., Respondents, et al., Defendants.

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

Decided November 19, 2013.


Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered October 3, 2012, which, inter alia, granted defendants' motion to dismiss the complaint, unanimously dismissed, without costs.

Plaintiff defaulted on defendants' motion to dismiss and for attorneys' fees. When the IAS court allowed plaintiff additional time to put in opposition papers in lieu of a default, plaintiff instead submitted an amended complaint with completely new allegations...

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