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ED&F MAN SUGAR INC. v. ZZY DISTRIBUTORS, INC.

653963/12, 11231A, 11231.

181 A.D.3d 463 (2020)

122 N.Y.S.3d 266

2020 NY Slip Op 01580

ED&F Man Sugar Inc., Respondent, v. ZZY Distributors, Inc., et al., Appellants, et al., Defendant.

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

Decided March 10, 2020.

The trial court providently exercised its discretion in granting plaintiff's motion to amend the pleadings to conform to the proof by adding a claim for goods sold and delivered (see CPLR 3025[c]; Murray v City of New York, 43 N.Y.2d 400, 405 [1977]). Contrary to defendants' contention, plaintiff established prima facie "the total quantity of the sugar actually delivered" (i.e., 1,415 metric tons) through defendant Zack Vishedsky...

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