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BEATRICE INVS., LLC v. 511 9TH LLC

654052/13. 10426A. 10426.

177 A.D.3d 551 (2019)

2019 NY Slip Op 08509

Beatrice Investments, LLC, et al., Respondents, v. 511 9th LLC et al., Appellants, et al., Defendants.

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

Decided November 21, 2019.

This appeal is not rendered moot by the filing of the fourth amended complaint in the action, given that each iteration of the complaint has maintained the allegations now at issue before this Court (Munn v New York City Hous. Auth., 202 A.D.2d 210, 211 [1st Dept 1994]).

The motion court providently exercised its discretion in permitting plaintiffs to file a third amended complaint to replead their breach of fiduciary duty...

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