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  5. 191 A.D.3d 404 (2021)
 

MATTER OF DENTSPLY SIRONA, INC. SHAREHOLDERS LITIG.

Index No. 155393/18. Appeal Nos. 13012-13013, 13013A & M-4131. Case No. 2020-01802, 2020-01918, 2020-02460.

191 A.D.3d 404 (2021)

141 N.Y.S.3d 462

2021 NY Slip Op 00522

In the Matter of Dentsply Sirona, Inc. Shareholders Litigation. John Castronovo et al., Appellants-Respondents, v. Dentsply Sirona, Inc., et al., Respondents-Appellants.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Scott + Scott Attorneys at Law LLP, New York ( William C. Fredericks of counsel), for appellants-respondents.

Skadden, Arps, Slate, Meagher & Flom LLP, New York ( Christopher P. Malloy of counsel), for respondents-appellants.

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

Defendants may cross-appeal since they did not obtain complete relief because the dismissal of the CAC was without prejudice (see Matter of Blum v Pathstone Corp., 172 A.D.3d 1679, 1680 [3d Dept 2019]; see generally Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d 539, 544-545 [1983]).

Plaintiffs' claims should have been dismissed as time-barred (see 15 USC § 77m). Plaintiffs do not dispute...

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