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BENZIES v. TAKE-TWO INTERACTIVE SOFTWARE, INC.

4107. 651920/16.

150 A.D.3d 600 (2017)

2017 NY Slip Op 04206

52 N.Y.S.3d 629

LESLIE BENZIES, Respondent-Appellant, v. TAKE-TWO INTERACTIVE SOFTWARE, INC., et al., Appellants-Respondents.

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

Decided May 25, 2017.

After defendants submitted papers on their appeal, but before plaintiff submitted papers on his opposition and cross appeal, plaintiff filed an amended complaint before Supreme Court. A motion to dismiss the amended complaint is pending before Supreme Court. We take judicial notice of the amended complaint (see Assured Guar. [UK] Ltd. v J.P. Morgan Inv. Mgt. Inc., 80 A.D.3d 293, 303 [1st...

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