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ID BEAUTY S.A.S. v. COTY INC.

651620/16. 7167. 7166.

164 A.D.3d 1186 (2018)

84 N.Y.S.3d 449

2018 NY Slip Op 06322

ID Beauty S.A.S., Appellant, v. Coty Inc. Headquarters, Respondent.

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

Decided September 27, 2018.

In support of reinstating the FAC, with respect to the breach of contract claim, plaintiff makes only the arguments it made in its motion for leave to amend the complaint, having abandoned the arguments it made in opposition to defendant's motion to dismiss. Because these arguments were not presented to the motion court on the motion to dismiss, we will not consider them on appeal (see Honique Accessories, Ltd. v S.J. Stile Assoc., Ltd., 67 A.D.3d...

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