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FORTY CENT. PARK SOUTH, INC. v. ANZA

651841/13, 15680N, 15679

130 A.D.3d 491 (2015)

14 N.Y.S.3d 11

2015 NY Slip Op 06028

FORTY CENTRAL PARK SOUTH, INC., et al., Respondents, v. JOSEPH ANZA et al., Appellants.

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

Decided July 9, 2015.

Plaintiffs moved to amend the complaint to assert a cause of action for breach of contract against additional defendant Anza Capital Partners LLC (ACP), after their cause of action for fraudulent inducement was dismissed on the ground that the supporting allegations only gave rise to a breach of contract cause of action (117 A.D.3d 523 [1st Dept 2014]). Defendants failed to demonstrate substantial prejudice or surprise resulting from the...

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