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DIAN KUI SU v. SING MING CHAO

3899. 601752/08.

150 A.D.3d 424 (2017)

2017 NY Slip Op 03610

51 N.Y.S.3d 407

DIAN KUI SU et al., Appellants-Respondents, v. SING MING CHAO et al., Respondents-Appellants, and AH WAH CHAI, Respondent.

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

Decided May 4, 2017.

Dismissal of the second amended complaint was warranted, as the complaint mixes individual claims with derivative claims (see Abrams v Donati, 66 N.Y.2d 951 [1985]). However, leave to amend the complaint to clearly delineate the claims should have been granted (see id. at 954; see also Davis v Scottish Re Group Ltd., 138 A.D.3d 230, 235 [1st Dept 2016]). In addition, plaintiffs may...

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