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BGC PARTNERS, INC. v. AVISON YOUNG (CAN.), INC.

Index No. 652669/12. Appeal No. 13349. Case No. 2020-01698.

192 A.D.3d 498 (2021)

140 N.Y.S.3d 404

2021 NY Slip Op 01500

BGC Partners, Inc., et al., Appellants-Respondents, v. Avison Young (Canada), Inc., et al., Respondents-Appellants.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

BCG Partners, Inc., New York ( Emily L. Milligan of counsel), for appellants-respondents.

Steptoe & Johnson LLP, New York ( Nathaniel Kritzer of counsel), for respondents-appellants.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

We affirm the denial of plaintiffs' motion for leave to file a second amended complaint. By the time plaintiffs moved for leave to amend, we had already dismissed all the remaining claims in the amended complaint, and directed the court to enter judgment accordingly; "hence, there was no complaint left before the court to amend" (Tanner v Stack, 176 A.D.3d 429 [1st Dept 2019] [internal quotation marks omitted]).

In light of the above disposition, the parties...

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