WIMBLEDON FIN. MASTER FUND, LTD. v. WESTON CAPITAL MANAGEMENT LLC

653468/15 6396 6395.

160 A.D.3d 596 (2018)

76 N.Y.S.3d 121

2018 NY Slip Op 02903

Wimbledon Financing Master Fund, Ltd., Respondent, v. Weston Capital Management LLC et al., Defendants, and Leonard De Waal et al., Appellants.

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

Decided April 26, 2018.


We take judicial notice of the since-filed second amended complaint, and defendants' motion to dismiss the breach of fiduciary duty and aiding and abetting breach of fiduciary duty causes of action in the second amended complaint, which have been repleaded. Ordinarily, service of the second amended complaint, which takes the place of the amended complaint, would render the instant appeal from the order based on the first amended complaint academic (100 Hudson Tenants Corp...

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