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SHAREHOLDER REPRESENTATIVE SERVS. LLC v. NASDAQ OMX GROUP, INC.

10241N, 651145/14.

176 A.D.3d 632 (2019)

111 N.Y.S.3d 293

2019 NY Slip Op 07752

Shareholder Representative Services LLC, Respondent, v. NASDAQ OMX Group, Inc., et al., Appellants.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Susman Godfrey L.L.P., New York ( Lucas Issacharoff of counsel), for appellants.

Oved & Oved LLP, New York ( Edward C. Wipper of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

The motion court employed the correct standard in denying defendants' motion to amend the answer to add counterclaims, i.e., whether the proposed counterclaims could withstand a motion to dismiss, and did not rely on factual determinations to determine that the counterclaims were insufficient (see Williams v 268 W. 47th Rest. Inc., 160 A.D.3d 436, 437 [1st Dept 2018]). The court correctly found that the claim notice that defendants...

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